Is the Baya Bar franchisee allowed to consult with professionals of their choosing when selecting a site?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
8. FRANCHISED LOCATION REQUIREMENTS
8.1 Site Selection.
- 8.1.1 Franchisee assumes all cost, liability, expense and responsibility for obtaining and developing a site for the Franchised Business within the Territory and for constructing and equipping the Franchised Business at such site. Franchisee shall not make any binding commitment to a prospective vendor or lessor of real estate with respect to a site for the Franchised Business unless the site location is approved by Franchisor. While Franchisor may render assistance to Franchisee in the selection of a site, as set forth in Section 8.1.2 below, Franchisee has sole responsibility for procuring and developing a site for the Franchised Business and Franchisee may and is encouraged to consult with professionals of Franchisee's choosing in discharging such responsibility. Franchisee acknowledges that Franchisor's approval of a prospective site location is permission only, does not constitute a representation, promise, warranty or guarantee, express or implied, by Franchisor that the Franchised Business operated at that site will be profitable or otherwise successful, and cannot, and does not, create a liability for Franchisor. Franchisee releases Franchisor from any claims over the site location selection and evaluation by Franchisor, and Franchisee shall hold Franchisor harmless with respect to Franchisee's selection of the site for the Franchisee's Franchised Business.
Source: Item 22 — CONTRACTS (FDD page 56)
What This Means (2024 FDD)
According to Baya Bar's 2024 Franchise Disclosure Document, franchisees have the right to consult with professionals of their choosing when securing a location for their franchise. While Baya Bar may offer assistance during the site selection process, the franchisee is ultimately responsible for finding and developing the site.
The FDD states that franchisees bear all costs, liabilities, and responsibilities associated with obtaining and developing a site within their designated territory. Before making any binding commitments to a vendor or lessor, the franchisee must obtain site approval from Baya Bar. Franchisees are encouraged to seek professional advice during this process.
Baya Bar's approval of a site does not constitute a guarantee of profitability or success. The franchisee releases Baya Bar from any claims related to site selection and agrees to hold Baya Bar harmless regarding the franchisee's site selection decisions.