Who is responsible for the costs of locating and developing a site for a Baya Bar shop?
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.
We will provide you with our current written site selection guidelines and any other site selection counseling and assistance we think is advisable. Our criteria for site selection include: general location and neighborhood, proximity to competition, neighborhood demographics, traffic patterns, availability of parking, size of location, physical characteristics of existing buildings in the area, co-tenants in the shopping center or immediate area, condition of the premises and how much build-out or construction it will need, availability of utilities and the terms of the lease. We will use these and other factors in determining the
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 locating and developing a site for their Baya Bar shop. This includes all expenses and liabilities related to obtaining the site, constructing, and equipping the shop. The franchisee must select a site that meets Baya Bar's site selection criteria, and the franchisor retains the right to approve or reject the proposed site.
Before leasing or purchasing a site, the franchisee must submit a description of the site to Baya Bar, demonstrating that it meets the franchisor's guidelines. Baya Bar may conduct an on-site evaluation if deemed necessary. The franchisee must provide 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. Failure to obtain site approval within 180 days of signing the Franchise Agreement may result in termination of the agreement and forfeiture of the initial franchise fee, unless an extension is granted by Baya Bar.
Baya Bar provides written site selection guidelines and any additional counseling they deem advisable to assist franchisees in this process. Site selection criteria include factors such as general location, proximity to competition, neighborhood demographics, traffic patterns, parking availability, size of the location, physical characteristics of existing buildings, co-tenants, condition of the premises, build-out requirements, and availability of utilities. While Baya Bar offers guidance, the ultimate responsibility for site selection and all associated costs rests with the franchisee. Baya Bar does not assist with conforming the site to local ordinances and building codes, obtaining permits and licenses, or completing construction or remodeling.