What obligations does a Beyond Juicery Eatery franchisee have regarding site selection and acquisition/lease, as detailed in the Franchise Agreement?
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 9 — FRANCHISEE'S OBLIGATIONS (FDD pages 32–33)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, franchisees are primarily responsible for selecting a suitable site for their restaurant, but this selection is subject to Beyond Juicery Eatery's approval. Franchisees must adhere to the site selection criteria outlined in the Operations Manual and work with a commercial real estate broker approved by Beyond Juicery Eatery. The franchisee needs to submit a detailed site description and evidence confirming favorable prospects for obtaining the site, along with required Development Materials for review. A real estate site analysis from Beyond Juicery Eatery's Approved Supplier is also mandatory. Beyond Juicery Eatery will then provide written approval or disapproval within 45 days of receiving the proposal.
Beyond Juicery Eatery considers various factors when approving a site, including general location, traffic patterns, rent expense, demographics, equipment and services, leasehold improvement costs, the ability to reflect the brand's image, parking, and data from proprietary software. However, Beyond Juicery Eatery retains the right to approve or disapprove a site at its sole discretion. Franchisees must select an approved location within 120 days of signing the Franchise Agreement. Failure to do so may result in Beyond Juicery Eatery canceling the agreement.
The FDD emphasizes that Beyond Juicery Eatery's advice and approval do not guarantee profitability or success, and franchisees are solely responsible for the financial risks and rewards associated with their chosen location. Beyond Juicery Eatery has the right to review and consent to the lease agreement and may charge a fee for this review. The franchisee must ensure the lease is executed by all necessary parties within ten days of receiving Beyond Juicery Eatery's consent. If a franchisee wishes to relocate their restaurant, they need Beyond Juicery Eatery's consent and may be required to pay a relocation fee equal to 50% of the then-current initial franchise fee.