What is the dependency for a Beyond Juicery Eatery franchisee to open their restaurant for business?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
3. DEVELOPMENT SCHEDULE; LOCATION SELECTION; OCCUPANCY CONTRACT; DEVELOPMENT MATERIALS
- A. Developer shall develop, open, commence operation of, and continuously operate pursuant to the respective Franchise Agreements the minimum number of Franchised Restaurants in the Territory, pursuant to the Development Schedule as described in Attachment 1 to the Area Development Agreement.
- B. Each Franchised Restaurant and the cumulative number of Franchised Restaurants indicated in the Development Schedule shall be OPEN AND OPERATING by the date(s) specified therein. Developer shall select a Location that we approve consistent with the applicable Franchise Agreement so that each and every Franchised Restaurant is OPEN AND OPERATING pursuant to the Development Schedule. Our consent to any Location or execution of a Franchise Agreement shall not waive, extend, or modify the Development Schedule. Unless otherwise agreed and approved by us, the Franchised Restaurants shall refer to Beyond Juicery + Eatery Restaurants operating pursuant to the System.
If the Developer shall close any Location, whether voluntarily or involuntarily, and whether as a result of the loss of possession of the premises, by fire or other casualty, or otherwise, the Developer shall locate and secure a suitable alternative Location or premises approved by us within three (3) months from the loss of possession of the original site, and shall be open for business at the new Location not more than nine (9) months following the closing of the prior Location, while at the same time maintaining the Development Schedule. If a suitable alternative Location is not secured and opened as hereinabove described or if Developer does not comply with the Development Schedule, this Agreement and the right of the Developer to develop additional Locations under this Agreement shall terminate. The opening of a Location in replacement of another Location under this paragraph shall not satisfy the Developer's obligation to open Locations under this Section 3 of this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, a key dependency for a developer to open their restaurant is adhering to the Development Schedule outlined in Attachment 1 of the Area Development Agreement. The franchisee must develop, open, commence operation, and continuously operate the franchised restaurants in the territory according to this schedule. Each franchised restaurant, and the cumulative number of restaurants, must be open and operating by the dates specified in the Development Schedule.
The franchisee is responsible for selecting a location that meets Beyond Juicery Eatery's approval, ensuring that each restaurant is open and operating as per the Development Schedule. It's important to note that Beyond Juicery Eatery's consent to a location or the execution of a Franchise Agreement does not waive, extend, or modify the Development Schedule. Unless otherwise agreed and approved by Beyond Juicery Eatery, the franchised restaurants must operate according to the Beyond Juicery + Eatery System.
If a franchisee closes a location, whether voluntarily or involuntarily, they must secure an alternative location approved by Beyond Juicery Eatery within three months and reopen for business within nine months of the closure, while still maintaining the original Development Schedule. Failure to secure and open a suitable replacement location or comply with the Development Schedule can result in the termination of the Area Development Agreement and the franchisee's right to develop additional locations. Opening a replacement location does not fulfill the obligation to open locations under the Development Schedule.