Does Beyond Juicery Eatery assume any liability to the Developer if they provide advice or consent?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
You are solely responsible for selecting a suitable site for your Restaurant subject to our approval using the site selection criteria in our Operations Manual with the assistance of a commercial real estate broker of your choosing who is approved by us. You must submit to us a description of the proposed site together with evidence satisfactory to us that confirms your favorable prospects for obtaining the proposed site. You must supply the required Development Materials that outline all of the information needed by us to review a proposed site. You must use the real estate site analysis services of our Approved Supplier to evaluate your proposed site. We will give you written notice of approval or disapproval of the proposed site within forty-five (45) days after receiving your written proposal. The factors we generally consider in approving the proposed site for the Location may include, but are not limited to, the following: (i) general location; (ii) traffic patterns; (iii) rent expense; (iv) demographics; (v) equipment and services located at the site; (vi) leasehold improvement costs; (vii) ability to reflect image to be portrayed by "Beyond Juicery + Eatery" Restaurants; (viii) parking; and (ix) other data and information we receive from proprietary software that we use. Notwithstanding the preceding factors, we have the right to approve or disapprove of a proposed site in our sole and absolute discretion. You must select a Location we approve within one hundred twenty (120) days after the execution of the Franchise Agreement. We may cancel the Franchise Agreement in our sole discretion and option if you fail to select a Location acceptable to us within this timeframe. Any advice we provide and our approval of your Location is not a representation, warranty, or evaluation that we believe or that your Location will be a profitable or successful. You are solely responsible for the financial risks and rewards related to the Location you select. We have no obligation or duty and are not responsible or liable to you for any reason that results from the Location selected by you or the purchase or lease of your Location, all of which could lose money and fail.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, any advice the company provides, including approval of a location, does not constitute a representation, warranty, or evaluation of potential profitability or success. The document explicitly states that Beyond Juicery Eatery is not responsible or liable for any losses resulting from the location selected by the franchisee. The franchisee bears sole responsibility for the financial risks and rewards associated with their chosen location.
This means that while Beyond Juicery Eatery offers guidance and approval during the site selection process, franchisees should not interpret this as a guarantee of financial success. The franchisor's approval is based on factors like general location, traffic patterns, rent expense, demographics, and other data, but the final decision and its financial consequences rest solely with the franchisee.
Prospective franchisees should conduct their own thorough market research and financial analysis to determine the suitability of a location. They should not rely solely on the franchisor's approval, as Beyond Juicery Eatery explicitly disclaims any liability for the location's performance. This is a common practice in franchising, where franchisees are generally considered independent business owners responsible for their own operational and financial outcomes.