What is the Baya Bar franchisee's obligation regarding site acquisition to avoid termination?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
| h. | "Cause" defined - non-curable | Sections 17.1 and | The Franchise Agreement will terminate |
|---|---|---|---|
| defaults | 17.2 | automatically, without notice for the | |
| following defaults: insolvency; bankruptcy; | |||
| written admission of inability to pay debts; | |||
| receivership; levy; composition with | |||
| creditors; unsatisfied final judgment for | |||
| more than 30 days; or foreclosure | |||
| proceeding that is not dismissed within 30 | |||
| days. | |||
| We may terminate the Franchise | |||
| Agreement upon notice to you if you: do | |||
| not acquire a site, do not complete | |||
| construction, obtain permits and/or open | |||
| the Franchised Business within required | |||
| time frames; falsify any report to us; cease | |||
| operations for 5 days or more, unless the | |||
| premises are damaged and you apply to | |||
| relocate; lose possession of the premises, | |||
| unless you are not at fault for loss and you | |||
| timely apply to relocate; fail to restore and | |||
| re-open the Franchised Business within | |||
| 120 days after a casualty, as may be | |||
| extended by us; fail to comply with | |||
| applicable laws; default under any lease | |||
| for the premises; understate Gross | |||
| Revenue two (2) or more times; fail to | |||
| comply with insurance and indemnification | |||
| requirements; attempt a transfer in | |||
| violation of the Franchise Agreement; fail, | |||
| or your legal representative fails to | |||
| transfer as required upon your death or | |||
| permanent disability; misrepresent or omit | |||
| a material fact in applying for the | |||
| Franchise; are convicted or plead no | |||
| contest to a felony or crime that could | |||
| damage the goodwill or reputation of our | |||
| trademarks or the System; receive an | |||
| adverse judgment in any proceeding | |||
| involving allegations of fraud, racketeering | |||
| or improper trade practices or similar claim | |||
| that could damage the goodwill or | |||
| reputation of our trademarks or the | |||
| System; conceal revenues or maintain | |||
| false books; create a threat or danger to | |||
| public health or safety; refuse an | |||
| inspection or audit by us; use our | |||
| trademarks, copyrighted material or | |||
| Confidential Information in an | |||
| unauthorized manner; make an | |||
| unauthorized disclosure of Confidential | |||
| Information; fail to comply with non | |||
| competition covenants; default in the | |||
| performance of your obligations three (3) | |||
| or more times during the term or receive | |||
| two (2) or more default notices in any 12- | |||
| month period; default under any other | |||
| agreement with us or our affiliate; have | |||
| insufficient funds to honor a check or EFT | |||
| two (2) or more times within any twelve | |||
| (12)-month period; or terminate the | |||
| Franchise Agreement without cause. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 43–52)
What This Means (2024 FDD)
According to Baya Bar's 2024 Franchise Disclosure Document, a franchisee's failure to acquire a site within the required time frames can lead to termination of the Franchise Agreement. Specifically, Baya Bar may terminate the Franchise Agreement with notice if the franchisee does not acquire a site, complete construction, obtain permits, and/or open the Franchised Business within the time frames that Baya Bar requires.
This condition emphasizes the importance of adhering to the timelines established by Baya Bar for site acquisition and development. A prospective franchisee should carefully review the Franchise Agreement to understand these required time frames and the potential consequences of failing to meet them. This includes understanding the process for site selection, approval, and any potential extensions or exceptions.
This termination clause is fairly standard in the franchise industry, as franchisors need to ensure that franchisees are actively developing their businesses to maintain brand presence and market share. It is crucial for potential Baya Bar franchisees to have a clear plan for site acquisition and development, including securing necessary financing and permits, to avoid the risk of termination.