What site selection criteria will the Franchisor deem advisable for a Baya Bar location?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
- 10.1 Site Selection Guidelines. Site selection criteria, as Franchisor may deem advisable. Franchisor shall also approve the site in accordance with Section 8.1.2.
8. FRANCHISED LOCATION REQUIREMENTS
8.1 Site Selection.
- 8.1.1 Franchisee assumes all cost, liability, expense and responsibility for obtaining and developing a site for the Franchised Business within the Territory and for constructing and equipping the Franchised Business at such site. Franchisee shall not make any binding commitment to a prospective vendor or lessor of real estate with respect to a site for the Franchised Business unless the site location is approved by Franchisor. While Franchisor may render assistance to Franchisee in the selection of a site, as set forth in Section 8.1.2 below, Franchisee has sole responsibility for procuring and developing a site for the Franchised Business and Franchisee may and is encouraged to consult with professionals of Franchisee's choosing in discharging such responsibility. Franchisee acknowledges that Franchisor's approval of a prospective site location is permission only, does not constitute a representation, promise, warranty or guarantee, express or implied, by Franchisor that the Franchised Business operated at that site will be profitable or otherwise successful, and cannot, and does not, create a liability for Franchisor. Franchisee releases Franchisor from any claims over the site location selection and evaluation by Franchisor, and Franchisee shall hold Franchisor harmless with respect to Franchisee's selection of the site for the Franchisee's Franchised Business.
- 8.1.2 Franchisee shall locate a site that satisfies the site selection guidelines provided to Franchisee by Franchisor and shall submit to Franchisor, in writing, a description of the site, together with written certification the site complies with Franchisor's site selection guidelines, and such other information and materials as Franchisor may reasonably require. Recognizing that time is of the essence, Franchisee shall submit such information and materials for a proposed site to Franchisor for its consent no later than sixty (60) days after the execution of this Agreement. Franchisor shall have ten (10) business days after receipt of this information
Source: Item 22 — CONTRACTS (FDD page 56)
What This Means (2024 FDD)
According to Baya Bar's 2024 Franchise Disclosure Document, the franchisor will provide site selection criteria that it deems advisable. The franchisee is responsible for finding and developing a site within their territory and for the construction and equipping of the Baya Bar location. The franchisee must get the site location approved by Baya Bar before making any commitments to a vendor or lessor. While Baya Bar may offer assistance in site selection, the franchisee is ultimately responsible for procuring and developing the site and is encouraged to consult with professionals of their choosing.
The FDD states that Baya Bar's approval of a site is simply permission and not a guarantee of profitability or success. The franchisee releases Baya Bar from any claims related to site selection and evaluation. The franchisee must locate a site that meets Baya Bar's site selection guidelines and submit a description of the site, along with written certification that it complies with the guidelines, and any other required information.
The franchisee must submit this information to Baya Bar for approval within 60 days of signing the Franchise Agreement. Baya Bar then has 10 business days to review the information. This process highlights the importance of the franchisee understanding and adhering to Baya Bar's site selection criteria to ensure a smooth and timely approval process. Prospective franchisees should carefully review these guidelines and seek clarification from Baya Bar on any unclear points before committing to a location.