Can Better Blend require a franchisee to remodel their location?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
- 7.12 Maintenance, Repair, and Alterations. Franchisee shall at all times keep the Business in a neat and clean condition, perform all appropriate maintenance, and keep all of the property of the Business in good repair.
In addition, Franchisee shall promptly perform all work on the physical property of the Business as BBF may prescribe from time to time, including but not limited to periodic interior and exterior painting; resurfacing of the parking lot; roof repairs; and replacement of obsolete or worn-out signage, floor coverings, furnishings, equipment and décor.
If such work is reserved to Franchisee's landlord under the terms of Franchisee's lease, then Franchisee shall use reasonable efforts to cause its landlord to perform such work.
Franchisee acknowledges that the System Standards may include requirements for cleaning, maintenance, replacement, and repair.
Franchisee shall not alter or replace the equipment, fixtures, furniture, signs, décor, or other aspects of the interior or exterior of the Business except in compliance with all applicable System Standards or except with prior approval from BBF.
- 7.13 Remodeling. In addition to Franchisee's obligations to comply with all System Standards in effect from time to time, BBF may require Franchisee to undertake and complete a Remodel of the Location to BBF's satisfaction.
Franchisee must complete the Remodel in the time frame specified by BBF.
BBF may require Franchisee to submit plans for BBF's reasonable approval prior to commencing a required Remodel, and BBF may require Franchisee to engage a qualified licensed contractor to perform the Remodel.
BBF'sright to require a Remodel is limited as follows: (i) the Remodel will not be required in the first two or last two years of the term (except that a Remodel may be required as a condition to renewal of the term or a Transfer), and (ii) a Remodel will not be required more than once every five years from the date on which Franchisee was required to complete the prior Remodel.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, franchisees may be required to remodel their locations. Better Blend has the right to mandate that franchisees undertake and complete a remodel of their location to the company's satisfaction. Better Blend will specify the timeframe for completion of the remodel. Better Blend may also require franchisees to submit plans for approval before starting the remodel and to engage a qualified, licensed contractor to perform the work.
However, Better Blend's ability to require a remodel is limited. A remodel will not be required during the first two or last two years of the franchise term, with the exception of a remodel required as a condition for renewal or transfer. Additionally, Better Blend will not require a remodel more than once every five years from the completion date of the previous remodel.
In addition to remodels, Better Blend franchisees are responsible for maintaining and repairing their business locations. Franchisees must keep the business in neat and clean condition, perform necessary maintenance, and keep all business property in good repair. Franchisees are also responsible for promptly performing any work on the physical property of the business that Better Blend may prescribe, including interior and exterior painting, parking lot resurfacing, roof repairs, and replacement of obsolete or worn-out items like signage, floor coverings, furnishings, equipment, and décor. Franchisees cannot alter or replace equipment, fixtures, furniture, signs, décor, or other aspects of the business without complying with Better Blend's system standards or obtaining prior approval from Better Blend.