Is the Baya Bar franchise granted for a single location or multiple locations?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
2. GRANT OF FRANCHISE. Franchisor hereby grants to Franchisee and Franchisee accepts, upon the terms and conditions contained in this Agreement, the license to operate a Baya Bar acai shop franchise (the "Franchise" or " the Franchised Business"), using only the Marks licensed hereunder, in strict conformity with the System, which may be changed, improved and further developed by Franchisor from time to time. This grant applies only to a single location within a territory that is designated in Attachment 3 attached hereto and incorporated herein (the "Territory").
3. TERRITORY
- 3.1 Territory.
This Agreement grants Franchisee the right to operate the Franchised Business at a single location and from within the Territory.
Subject to Section 3.2 below, Franchisor agrees that during the Term of this Agreement, Franchisor will not operate, and will not authorize any other franchisees to operate, a Baya Bar outlet in the Territory using the same Marks as licensed to Franchisee in this Agreement so long as Franchisee is not in default under this Agreement or this Agreement has not been terminated.
Except as otherwise specified in this Agreement, Franchisor reserves the right to open, operate or franchise Baya Bar franchises bordering and adjacent to the Territory.
Except as set forth in this Agreement, Franchisee is prohibited from serving and soliciting customers outside of the Territory and from alternative methods of distribution as more fully specified herein.
- 3.2 Reservation of Rights.
Franchisee understands and agrees that all rights to any businesses, other than as specified in this Agreement, are fully reserved to Franchisor within or outside of the Territory.
Source: Item 22 — CONTRACTS (FDD page 56)
What This Means (2024 FDD)
According to the 2024 Baya Bar Franchise Disclosure Document, the franchise is granted for a single location within a designated territory. The agreement allows the franchisee to operate a Baya Bar acai shop franchise at one specific location inside the territory outlined in Attachment 3 of the agreement.
The agreement specifies that Baya Bar will not operate or authorize other franchisees to operate another Baya Bar outlet within the franchisee's territory, as long as the franchisee is not in default of the agreement. However, Baya Bar retains the right to open or franchise other locations bordering or adjacent to the franchisee's territory.
This single-location grant means that franchisees are restricted from serving or soliciting customers outside their designated territory and from using alternative distribution methods unless otherwise specified in the agreement. All rights to businesses outside the scope of the agreement are reserved to Baya Bar, giving them the flexibility to expand or modify their business operations as they see fit.