Does Baya Bar have the right to approve deviations from site selection standards?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
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.
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, franchisees are responsible for finding and developing a site for their shop. However, all site selections are subject to Baya Bar's acceptance and must adhere to their site selection criteria.
The FDD states that Baya Bar has the authority to approve deviations from their standard site selection criteria. This means that while franchisees must generally follow Baya Bar's guidelines, Baya Bar can make exceptions based on the specific characteristics of a potential location.
This flexibility could be beneficial for franchisees who find a promising location that doesn't perfectly meet all of Baya Bar's standard criteria. However, it also means that Baya Bar ultimately has the final say in whether a site is acceptable, even if the franchisee believes it could be successful. Baya Bar also does not guarantee the success of the shop at any site that they accept.