Does Beard Papas have any lease agreements other than the copy machine and office lease agreements mentioned?
Beard_Papas Franchise · 2025 FDDAnswer from 2025 FDD Document
For the years ended December 31, 2023 and 2022, the Company incurred rent expenses under noncancelable lease agreements of approximately $168,000 and $70,000, respectively.
FRANCHISE DISCLOSURE DOCUMENT EXHIBIT E FRANCHISE AGREEMENT
BEARD PAPA'S FRANCHISE AGREEMENT
FRANCHISEE:
Beard Papa's Franchise Agreement
Table of Contents
Franchise Agreement – Exhibit 4
Lease Agreement Rider
Beard Papa's
LEASE AGREEMENT RIDER
(for the benefit of Muginoho International, Inc. and its assigns)
THIS RIDER TO LEASE ("Rider") does hereby supplement, modify and amend the terms of the lease
A-7, Cerritos, California 90703;
WHEREAS, the Beard Papa's Franchise System relates to and includes shops featuring fresh and natural cream puffs and a limited selection of other desserts and beverages and other menu items that the Franchisor authorizes under the "Beard Papa's" name and marks (the "Intended Use");
WHEREAS, Tenant is a franchisee of Franchisor pursuant to the terms of a Franchise Agreement entered into between Franchisor and Tenant (the "Franchise Agreement") and the Leased Premises is to be used and operated by Tenant for the purpose of developing, establishing and operating a Beard Papa's Shop in accordance with the Beard Papa's franchise system; and
WHEREAS, Franchisor and Franchisor's successors and assigns (collectively referred to as "Franchisor") is/are intended third party beneficiaries of this Rider.
NOW THEREFORE, Landlord and Tenant acknowledge and agree to the following:
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- This Rider supplements and amends the Lease. In the event of any inconsistency or conflict between the terms of this Rider and the Lease, the terms of this Rider shall prevail. Landlord and Tenant acknowledge that the rights set forth in this Rider may not be reduced, modified or altered without the express written consent of Franchisor.
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- Landlord and Tenant both agree that Tenant shall not be permitted to transfer, sublease, encumber and/or otherwise assign Tenant's interests in the Lease and/or the Leased Premises without the prior written consent of Franchisor. Without limitation to the foregoing, among other things, Tenant agrees that if Tenant wishes to transfer any interests in the Lease or the Leased Premises that Tenant must request the written
- Upon the occurrence of (a) the termination, for any reason, of the Franchise Agreement; (b) the expiration, without renewal, of the Franchise Agreement; (c) Franchisor's exercise of Franchisor's Right of First Refusal granted to Franchisor in the Franchise Agreement; (d) Tenant's default under the terms of the Lease; and/or (e) Tenant's failure to exercise an option period under the terms of the Lease, Tenant and Landlord acknowledge and agree, that:
Franchisor will have the option, but not the obligation, to assume or renew the Lease and the occupancy of the Leased Premises, including the right to sublease to another Franchisee of the Beard Papa's Franchise System, for all or any part of the remaining term of the Lease and, in connection with said assumption, Franchisor will not be obligated to pay to Landlord more than two months past due rent, real estate taxes and common area maintenance charges. In the event Franchisor assumes Tenant's leasehold interest in the Lease pursuant to the terms of this Agreement and subsequently assigns the Lease and its leasehold interest to a Beard Papa's franchisee approved by Landlord, Franchisor shall not be responsible for any obligations, debts, liabilities or payments arising and/or accruing under the Lease after the effective date of such assignment. Landlord agrees that any assignment of the Lease and Tenant's leasehold interests in the Lease by Tenant to Franchisor and/or assumption by Franchisor of the Lease and such leasehold interests shall not require Landlord consent and shall not require any payment of any assignment fee or similar charge or result in any increase in rent or other fees as a result of such assignment and/or assumption.
Franchisee will be solely responsible for selecting the site(s) for the Franchisee's Shop Locations. In accordance with the terms and conditions of each respective Franchise Agreement, Franchisee must obtain Franchisor's prior written approval as to each potential Shop Location selected by Franchisee. Franchisee will retain an experienced commercial real estate broker or salesperson who has sufficient experience in locating Shop sites to locate, acquire, purchase or lease the site for the Franchisee's Development Shops. Accordingly, no provision of this Agreement will be construed or interpreted to impose any obligation upon Franchisor to locate a site for the Development Shops, to assist Franchisee in the selection of a suitable site for the Development Shops, or to provide any assistance to the Franchisee in the purchase or lease of the site for the Development Shops.
5.6 SITE SELECTION CRITERIA
Franchisee will not lease, purchase or otherwise acquire a Shop Locations for the Development Shops until such information as Franchisor may require regarding the proposed site has been provided to Franchisor by Franchisee and has been approved by Franchisor. Information requested by Franchisor may include, without limitation, information regarding the proposed Shop Location as to accessibility, visibility, potential traffic flows, lease terms and other demographic information. Franchisee shall not enter into any lease or purchase agreement with respect to any proposed Shop Location until Franchisor has approved the site.
Source: Item 23 — RECEIPTS (FDD pages 58–275)
What This Means (2025 FDD)
According to the 2025 Beard Papas Franchise Disclosure Document, Beard Papas franchisees will typically enter into lease agreements for their shop locations. The franchisor, Muginoho International, Inc., provides a Lease Agreement Rider as Exhibit 4 to the Franchise Agreement, which supplements and amends the terms of the lease between the franchisee (tenant) and the landlord. This rider ensures that Beard Papas, as the franchisor, has certain rights and protections related to the leased premises.
Specifically, the Lease Agreement Rider gives Beard Papas the right to approve any transfer, sublease, or assignment of the lease by the franchisee. This control allows Beard Papas to maintain standards and protect its brand by ensuring that only approved operators occupy the premises. Additionally, in the event of termination or expiration of the franchise agreement, or if the franchisee defaults on the lease, Beard Papas has the option to assume or renew the lease. This provision safeguards Beard Papas's interests and allows them to continue operating a Beard Papas shop at that location, potentially with a new franchisee.
The FDD states that for the years ended December 31, 2023 and 2022, the company incurred rent expenses under noncancelable lease agreements of approximately $168,000 and $70,000, respectively. The franchisee is responsible for selecting the site for their Beard Papas shop and must obtain written approval from Beard Papas regarding the potential location. Beard Papas may request information regarding accessibility, visibility, traffic flows, lease terms, and demographic information before granting approval. The franchisee cannot enter into any lease or purchase agreement until Beard Papas has approved the site.
Overall, while the FDD does not explicitly state that Beard Papas has lease agreements other than for copy machines and office space, it is clear that franchisees will enter into lease agreements for their shop locations, and Beard Papas maintains significant control and rights over these leases through the Lease Agreement Rider. Prospective franchisees should carefully review the Lease Agreement Rider and understand their obligations and the franchisor's rights regarding the leased premises.