What options does Beyond Juicery Eatery Franchising, LLC have if the franchisee's lease is terminated?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
- B. Franchisor's Notice. If the Franchise Agreement terminates or expires without renewal, and if Franchisor desires to exercise its option to accept assignment of the Lease, Franchisor shall provide written notice thereof to Landlord, delivered within thirty (30) days following the termination or expiration of the Franchise Agreement. If Franchisor exercises its option to accept assignment of the Lease, the effective date of such assignment shall be the date set forth by Franchisor in such written notice to Landlord. It is hereby agreed that Landlord may rely solely upon the written notice received from Franchisor as Franchisor's acceptance of the assignment of the Lease, and Franchisee hereby releases and holds Landlord and Franchisor harmless from any liability that arises out of or relates to any action taken by Landlord in reliance upon such notice.
Landlord acknowledges and agrees that Franchisor's right to exercise its option to accept assignment of the Lease is not contingent upon nor is Franchisor obligated in any manner to cure any default of Franchisee under the Lease.
- B.
Franchisor shall assume all of Franchisee's rights, options, and obligations under the Lease commencing upon the effective date of the assignment and Franchisor shall have the further right to transfer or assign the Lease to another Beyond Juicery + Eatery franchisee without the need to seek consent from Landlord.
Franchisor shall not be liable to Landlord for anything that arose prior to the effective date of the assignment to Franchisor.
If Franchisor assigns the Lease to another Beyond Juicery + Eatery franchisee, Franchisor shall be released from any further liability under the Lease.
Notwithstanding any assignment of the Lease to Franchisor, Franchisor shall not be subject to any provisions of the Lease that requires continuous operation of a business in the Premises during any period that the Premises is closed for remodeling or while Franchisor is seeking to obtain and train a new franchisee, provided that rent is paid during such period of closure pursuant to the terms of the Lease.
- C.
Franchisee agrees to execute any and all documents requested by Franchisor in order to fully exercise any of Franchisor's rights under this Assignment and hereby appoints Franchisor as its attorney-in-fact with the full right and power to execute all documents and to take all action that may be necessary or desirable for Franchisor to take such assignment or otherwise exercise any of Franchisor's rights under this Assignment.
If after the occurrence of an event giving rise to Franchisor's option hereunder, Franchisor does not exercise its option to accept the assignment of the Lease, Franchisee agrees to promptly remove all Beyond Juicery + Eatery Trademarks from the Premises. If Franchisee fails to promptly do so, Landlord agrees that Franchisor may enter the Premises without being guilty of trespass or tort to so de-identify the Premises. Franchisee will be responsible for all expenses incurred by Franchisor in performing such de-identification, including without limitation, actual attorneys' fees.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, if the Franchise Agreement terminates or expires without renewal, Beyond Juicery Eatery has the option to accept assignment of the lease. To exercise this option, Beyond Juicery Eatery must provide written notice to the landlord within thirty (30) days following the termination or expiration of the Franchise Agreement. The effective date of the assignment will be the date set forth by Beyond Juicery Eatery in the written notice to the landlord. The landlord can rely solely on this written notice as Beyond Juicery Eatery's acceptance of the lease assignment.
Beyond Juicery Eatery's right to accept assignment of the lease is not contingent upon curing any default of the franchisee under the lease, nor is Beyond Juicery Eatery obligated to do so. Upon assignment, Beyond Juicery Eatery assumes all of the franchisee's rights, options, and obligations under the lease, starting from the effective date of the assignment. Beyond Juicery Eatery also has the right to transfer or assign the lease to another Beyond Juicery Eatery franchisee without needing consent from the landlord.
Beyond Juicery Eatery is not liable to the landlord for anything that occurred before the effective date of the assignment to Beyond Juicery Eatery. If Beyond Juicery Eatery assigns the lease to another franchisee, Beyond Juicery Eatery is released from any further liability under the lease. Even with the lease assigned to Beyond Juicery Eatery, Beyond Juicery Eatery is not subject to lease provisions requiring continuous operation during remodeling or while seeking a new franchisee, as long as rent is paid per the lease terms.
The franchisee must execute any documents Beyond Juicery Eatery requests to exercise its rights under the assignment and appoints Beyond Juicery Eatery as its attorney-in-fact to execute documents and take actions necessary for the assignment. If Beyond Juicery Eatery does not exercise its option to accept the assignment of the Lease, the franchisee agrees to promptly remove all Beyond Juicery + Eatery Trademarks from the Premises. If the franchisee fails to do so, the Landlord agrees that Beyond Juicery Eatery may enter the Premises to de-identify the Premises. The franchisee will be responsible for all expenses incurred by Beyond Juicery Eatery in performing such de-identification, including actual attorneys' fees.