What is the Baya Bar franchisee's responsibility regarding costs associated with site selection?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
Site Selection: You must assume all costs, liabilities, expenses and responsibility for locating, obtaining and developing a site for the Shop and for constructing and equipping the Shop at the accepted site. You will select the site for the Shop subject to our acceptance and using our site selection criteria. Before you lease or purchase the site for the Shop, you must locate a site that satisfies our site selection guidelines. If we deem it necessary we will conduct one onsite evaluation, but before we conduct the evaluation you must submit to us in the form we specify a description of the site, including evidence that the site satisfies our site selection guidelines, together with other information and materials that we may reasonably require, including a letter of intent or other evidence that confirms your favorable prospects for obtaining the site. We have the right to approve deviations from our site selection standards based on the individual factors and components of a particular site.
You must have located and submitted to us, for our review, all information we require regarding the site you propose for your Shop no later than 90 days after you have signed the Franchise Agreement. We will have 30 days after we receive all required information and materials from you to accept or decline the proposed site as the location for your Baya Bar Shop. If we do not provide our specific acceptance of a proposed site, the site is deemed not accepted. We do not warrant or guarantee that your Shop will be successful at any site that we accept. Our acceptance only means that the site meets our minimum requirements for a Shop, subject to any deviation from our standards as we may permit.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 26–36)
What This Means (2024 FDD)
According to Baya Bar's 2024 Franchise Disclosure Document, the franchisee is responsible for all costs associated with site selection. Specifically, the franchisee must assume all costs, liabilities, expenses, and responsibility for locating, obtaining, and developing a site for the Baya Bar shop. This includes the costs for constructing and equipping the shop at the accepted site.
Before leasing or purchasing a site, the franchisee must ensure it meets Baya Bar's site selection guidelines. While Baya Bar may conduct one onsite evaluation if deemed necessary, the franchisee must first submit a detailed description of the site, evidence that it meets the site selection guidelines, and a letter of intent or other confirmation of favorable prospects for obtaining the site. Baya Bar has the right to approve deviations from their site selection standards based on the individual factors of a particular site.
The franchisee must submit all required site information to Baya Bar for review no later than 90 days after signing the Franchise Agreement. Baya Bar then has 30 days to either accept or decline the proposed site. If Baya Bar does not provide specific acceptance, the site is considered not accepted. Baya Bar does not warrant or guarantee the success of the shop at any accepted site; their acceptance only indicates that the site meets their minimum requirements, subject to any permitted deviations from their standards.