Are Baya Bar franchisees required to use only the brand's proprietary recipes?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
from that supplier.
We and our affiliates have and may continue to develop for use in the System certain products which are prepared from confidential proprietary recipes and other proprietary products which bear the Marks. Because of the importance of quality and uniformity of production and the significance of those products in the System, it is to your and our benefit that we closely control the production and distribution of those products. You will use only our proprietary recipes and other proprietary products and will purchase all your inventory of these proprietary products only from us, our affiliates, or the suppliers we designate. We have the right to earn a profit from the sale of these proprietary products or proprietary recipes to our franchisees or from the use of these recipes by our franchisees. For our proprietary acai, pitaya and coconut blends, you must use our designated supplier, Happy Fruit, located at 305 East 1st Avenue, Roselle, New Jersey, 07203. During the fiscal year ended December 31, 2023, we did not earn revenue from the sale of our proprietary acai, pitaya, and coconut blends to franchisees.
We may, when appropriate, negotiate purchase arrangements, including price terms, with designated and approved suppliers on behalf of the System. As of the date of this Disclosure Document, there are no purchasing or distribution cooperatives in which you must participate. When determining whether to grant new, additional or renewal franchises, we consider many factors, including your compliance with the requirements described in this Item 8, but your compliance with these requirements does not automatically give you the right to an additional or renewal franchise.
Source: Item 8 — RESTRICTIONS ON SOURCES OF PRODUCTS AND SERVICES (FDD pages 20–24)
What This Means (2024 FDD)
According to Baya Bar's 2024 Franchise Disclosure Document, franchisees are required to use the brand's proprietary recipes. Baya Bar and its affiliates may develop products for use within the Baya Bar system that are prepared from confidential proprietary recipes. To maintain quality and uniformity, Baya Bar closely controls the production and distribution of these products.
As a franchisee, you must use only Baya Bar's proprietary recipes and products and purchase all inventory of these proprietary products from Baya Bar, its affiliates, or designated suppliers. Baya Bar has the right to profit from the sale or use of these proprietary products and recipes. For proprietary acai, pitaya, and coconut blends, franchisees must use Happy Fruit, located in Roselle, New Jersey, as their designated supplier.
Baya Bar can modify its standards and specifications as necessary and will notify franchisees of any changes in writing, such as through the manual or via email. Franchisees must operate the shop in strict conformity with the methods, standards, and specifications prescribed in the manual or in writing. All menu items must be prepared according to the recipes and procedures specified in the manual or other written materials, and franchisees must not deviate from these standards without written consent.