What is the franchisee's responsibility in selecting a suitable site for a Beyond Juicery Eatery Restaurant?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
4.02 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. We have the right to review and consent to your Lease prior to the execution of the Lease and reserve the right to charge you a fee for such review. You represent that the Lease as consented to by us shall be executed by all necessary parties within ten (10) days following receipt of our consent. You shall furnish us a
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, the franchisee is solely responsible for selecting a suitable site for their restaurant. However, this selection is subject to Beyond Juicery Eatery's approval, which is based on site selection criteria outlined in their Operations Manual. To aid in this process, franchisees must use a commercial real estate broker of their choosing, provided that the broker is approved by Beyond Juicery Eatery. Franchisees are also required to use the real estate site analysis services of Beyond Juicery Eatery's Approved Supplier to evaluate their proposed site.
To initiate the approval process, the franchisee must submit a detailed description of the proposed site, along with evidence confirming favorable prospects for obtaining the site. They must also supply the required Development Materials, which contain all the information needed for Beyond Juicery Eatery to review the site. Beyond Juicery Eatery will then provide written notice of approval or disapproval within 45 days of receiving the written proposal. Factors considered by Beyond Juicery Eatery include general location, traffic patterns, rent expense, demographics, equipment and services at the site, leasehold improvement costs, the site's ability to reflect the brand image, parking, and data from proprietary software.
Despite these factors, Beyond Juicery Eatery retains the right to approve or disapprove a proposed site at their sole discretion. The franchisee must select a location approved by Beyond Juicery Eatery within 120 days of signing the Franchise Agreement. Failure to do so may result in Beyond Juicery Eatery canceling the Franchise Agreement. It is important to note that any advice provided by Beyond Juicery Eatery or their approval of a location does not guarantee profitability or success, and the franchisee is solely responsible for the financial risks and rewards associated with the selected location. Beyond Juicery Eatery also has the right to review and consent to the franchisee's lease and may charge a fee for this review.