Under the Baya Bar agreement, must amendments be in writing to be binding?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
- 5.3 Extension of Mandatory Development Schedule. If Developer is unable to meet the Mandatory Development Schedule for any outlet, Developer may seek a reasonable extension from Franchisor. Any request for an extension must be in writing and submitted to Franchisor at least sixty (60) days prior to the Mandatory Open Date for such outlet. Franchisor shall not unreasonably withhold consent for such reasonable extension provided that Developer has (i) submitted its extension request in a timely manner; (ii) demonstrated diligent efforts to meet the original Mandatory Open Date; and (iii) has at all times acted in good faith and is otherwise fulfilling its obligations under this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 56–189)
What This Means (2024 FDD)
According to the 2024 Baya Bar Franchise Disclosure Document, any request for an extension to the Mandatory Development Schedule must be submitted in writing. Specifically, if a developer is unable to meet the schedule for any outlet, they may seek a reasonable extension from Baya Bar.
To obtain this extension, the developer must submit a written request to Baya Bar at least sixty days before the Mandatory Open Date for the specific outlet in question. Baya Bar will not unreasonably deny this extension if the developer meets certain conditions.
The conditions include submitting the extension request on time, demonstrating diligent efforts to meet the original Mandatory Open Date, acting in good faith, and fulfilling all other obligations under the agreement. This requirement for written requests ensures clarity and documentation of any changes to the development schedule.