Where can the definitions of terms used in the Site Selection Acknowledgment for a Beard Papas franchise be found?
Beard_Papas Franchise · 2025 FDDAnswer from 2025 FDD Document
| Pursuant to and subject to the terms of the Franchise Agreement dated by and between Muginoho International, Inc., as Franchisor, and, as Franchisee (the "Franchise Agreement"), Franchisee has identified a potential area in which Franchisee may seek to identify a potential shop location for Franchisee's Beard Papa's agrees that during the limited period of time that commences on the Site Selection Acknowledgment Date and automatically expires 60 shall not grant to any third following geographic area constituting the Site Selection Area, as such term is defined in the Franchise Agreement: | party the license or right to establish a Beard Papa's | Shop. Based on Franchisee's request, Franchisor calendar days after the Site Selection Acknowledgment Date, that Franchisor Shop Location within the |
|---|---|---|
| Site Selection Area: [Must be completed by Franchisor] | ||
| The terms contained in this Site Selection Acknowledgment shall have the meaning set forth in the | and Article 2 | of the Franchise Agreement. In |
| Franchise Agreement including, but not limited to Article 1 | ||
| the event of any inconsistency or conflict between this Site Selection Acknowledgment and the terms of | ||
| the Franchise Agreement, the terms of the Franchise Agreement shall take precedence and govern. If | ||
| Franchisor does not complete the Site Selection Acknowledgment Date and sign this Site Selection | ||
| Acknowledgment then this Site Select Addendum shall not be effective and there shall be no Site Selection | ||
| Area. As set forth in the Franchise Agreement, among other things, A SITE SELECTION AREA IS NOT | ||
| A | ||
| DESIGNATED TERRITORY, DOES NOT CONSTITUTE THE APPROVAL AS TO ANY | ||
| RESTAURANT LOCATION AND DOES NOT AFFORD FRANCHISEE ANY TERRITORIAL | ||
| RIGHTS. |
Source: Item 23 — RECEIPTS (FDD pages 58–275)
What This Means (2025 FDD)
According to the 2025 Beard Papas Franchise Disclosure Document, the definitions of terms used in the Site Selection Acknowledgment are found within the Franchise Agreement itself. Specifically, Article 1 and Article 2 of the Franchise Agreement contain these definitions.
This means that prospective Beard Papas franchisees need to carefully review the Franchise Agreement, especially Article 1 and Article 2, to fully understand the terms and conditions outlined in the Site Selection Acknowledgment. This includes terms like "Site Selection Area," which is completed by Beard Papas and defines the geographic area where the franchisee may seek a shop location.
It's important to note that the Franchise Agreement takes precedence over the Site Selection Acknowledgment in case of any inconsistencies. The Site Selection Acknowledgment also explicitly states that a Site Selection Area does not constitute an approved restaurant location, a designated territory, or any territorial rights for the franchisee. Therefore, understanding the definitions within the Franchise Agreement is crucial for comprehending the scope and limitations of the site selection process.