Is time of the essence in the Beyond Juicery Eatery agreement?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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)
Based on the 2025 Franchise Disclosure Document, the Beyond Juicery Eatery franchise agreement emphasizes adherence to specific timelines, particularly concerning the development schedule for opening restaurants. For area developers, strict deadlines are set for opening and operating franchised restaurants within their designated territory.
The agreement stipulates that each franchised Beyond Juicery Eatery restaurant must be open and operating by the dates outlined in the Development Schedule. If a location closes, the developer has a limited time frame—three months to secure an alternative location and nine months to reopen the restaurant. Failure to meet these deadlines can result in the termination of the Area Development Agreement and the loss of rights to develop additional locations.
These stipulations highlight the importance of time compliance within the Beyond Juicery Eatery franchise system, especially for developers responsible for multiple locations. The franchisor maintains a tight grip on the development timeline, and any delays can have significant repercussions for the franchisee's expansion plans.