factual

What is the dependency between requesting the Franchise Disclosure Document and developing an additional Baya Bar outlet?

Baya_Bar Franchise · 2024 FDD

Answer from 2024 FDD Document

  • 5.4 Conditions to Exercise Developer's Rights. All of the following conditions must be satisfied or waived, in Franchisor's sole discretion, before Franchisor grants Developer the right to develop an additional Baya Bar outlet in accordance with Section 4.1 hereof and pursuant to a Franchise Agreement:
    • 5.4.1 Developer shall (i) request Franchisor's then-current Franchise Disclosure Document, (ii) submit to Franchisor all information and other documents requested by Franchisor prior to and as a basis for the issuance of Franchise Agreements in the System, (iii) submit to Franchisor all financial statements reasonably requested by Franchisor, and (iv) satisfy Franchisor's then-current financial criteria for multi-unit franchisees.

Source: Item 23 — RECEIPTS (FDD pages 56–189)

What This Means (2024 FDD)

According to Baya Bar's 2024 Franchise Disclosure Document, before a developer can be granted the right to develop an additional Baya Bar outlet, they must first request the then-current Franchise Disclosure Document from Baya Bar. This is one of several conditions that must be satisfied or waived by Baya Bar.

In addition to requesting the Franchise Disclosure Document, the developer must also submit all information and documents requested by Baya Bar, provide all financial statements reasonably requested by Baya Bar, and satisfy Baya Bar's current financial criteria for multi-unit franchisees. These conditions ensure that the developer remains qualified and capable of expanding their Baya Bar operations.

Baya Bar retains sole discretion over whether to grant the developer the right to develop additional outlets. If Baya Bar determines that any of these conditions cannot be met, Baya Bar has the right to terminate the agreement with written notice to the developer. However, such termination would not affect the validity of any other agreements between Baya Bar and the developer, provided the developer is in full compliance with those agreements.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.