Under what conditions might Beard Papas enter into a Site Selection Acknowledgment?
Beard_Papas Franchise · 2025 FDDAnswer from 2025 FDD Document
| vidual Signature of Restricted Party | Individual Signature of Restricted Party |
|---|---|
| Name (please print) | Name (please print) |
| Date: | Date: |
Franchise Agreement – Exhibit 3 Site Selection Acknowledgment
Beard Papa's SITE SELECTION ACKNOWLEDGMENT
(THIS DOCUMENT DOES NOT CONSTITUTE THE APPROVAL OF A RESTAURANT LOCATION, DOES NOT GRANT OR DESIGNATE A DESIGNATED TERRITORY AND DOES NOT GRANT ANY TERRITORIAL RIGHTS)
| 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. |
Source: Item 23 — RECEIPTS (FDD pages 58–275)
What This Means (2025 FDD)
According to Beard Papas's 2025 Franchise Disclosure Document, a Site Selection Acknowledgment may be entered into when a franchisee identifies a potential area for a shop location. Upon the franchisee's request, Beard Papas may agree to not grant any third party the license or right to establish a Beard Papa's shop within a defined geographic area. This agreement is valid for a limited period of 60 calendar days, commencing on the Site Selection Acknowledgment Date. The Site Selection Acknowledgment Date is set forth by Beard Papas.
However, the document emphasizes that a Site Selection Area is not a designated territory, does not constitute approval of any restaurant location, and does not afford the franchisee any territorial rights. If Beard Papas does not complete the Site Selection Acknowledgment Date and sign the Site Selection Acknowledgment, then the Site Selection Addendum is not effective, and there is no Site Selection Area.
The Site Selection Acknowledgment form is attached as Exhibit 3 to the Franchise Agreement. The terms within the Site Selection Acknowledgment are defined in the Franchise Agreement, and in case of any conflict, the Franchise Agreement terms take precedence. The Site Selection Period begins on the Site Selection Acknowledgment Date and expires 60 days later; if the acknowledgment date is not set by Beard Papas, the Site Selection Period is zero days, and if the acknowledgment is not signed by Beard Papas, there is no Site Selection Period.