What is a 'Development Period' in the context of a Bft Development Schedule?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
C. Development Schedule. The Development Schedule is set forth on Exhibit A hereto. Each period described in the Development Schedule is a "Development Period." Developer (or its approved affiliate) must conduct its Soft Opening and operate Studios in the Development Area, each pursuant to a written franchise agreement and related agreements signed by Franchisor and a franchisee (each a "Franchise Agreement"), as necessary to satisfy the requirements of each Development Period, but Developer shall not be required to open, in total, more than the cumulative number of Studios shown for the last Development Period. To determine whether a Studio has conducted its Soft Opening for purposes of the Development Schedule, "Soft Opening" means that the respective Studio's doors are open to the general public for participating in regular classes in the physical premises of the Studio. The Development Schedule is not a representation (express or implied) by Franchisor that the Development Area can support, or that there are or will be sufficient sites for, the number of Studios specified in the Development Schedule or during any particular Development Period. Franchisor is relying on Developer's knowledge and expertise of the Development Area and Developer's representation that it has conducted its own independent investigation and has determined that it can satisfy the development obligations under each Development Period of the Development Schedule.
Notwithstanding anything contained in this Section, Franchisor will provide Developer with a onetime reasonable extension of time not to exceed 90 days to comply with its development obligations in any one of the Development Period as set forth in the Development Schedule (see Exhibit A), provided: (i) Developer has already executed a lease for, or otherwise obtained, a Site (defined in Section 2.D below) that Franchisor approves for any Studio(s) it is required to conduct its Soft Opening and operate during that Development Period; and (ii) Developer notifies Franchisor of its need for such an extension no less than 30 days prior to expiration of that Development Period. The Parties agree and acknowledge that Franchisor's grant of this one-time extension under this Section will not extend, modify or otherwise affect the expiration of any of Developer's subsequent Development Periods or subsequent development obligations.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 57–66)
What This Means (2025 FDD)
According to Bft's 2025 Franchise Disclosure Document, a 'Development Period' is a specific timeframe outlined in the Development Schedule (Exhibit A) of the Multi-Unit Agreement. This schedule dictates the amount of time a developer has to open a specific number of Bft franchises within a designated Development Area. The length of each Development Period can vary for different developers.
The developer (or their approved affiliate) must conduct a 'Soft Opening' and operate Bft studios in the Development Area according to the written franchise agreement to meet the requirements of each Development Period. A 'Soft Opening' is defined as when the studio's doors are open to the general public for regular classes within the physical premises. However, the developer is not required to open more studios than the cumulative number specified for the last Development Period.
Bft does not represent that the Development Area can support the number of studios specified in the Development Schedule or during any particular Development Period, and relies on the developer's expertise and independent investigation of the Development Area. Bft may grant a one-time extension of up to 90 days to comply with development obligations in any one Development Period if the developer has already executed a lease for an approved site and notifies Bft at least 30 days before the expiration of that Development Period. This extension does not affect subsequent Development Periods or obligations.
Failure to comply with the Development Schedule can lead to termination of the Multi-Unit Agreement. Specifically, the agreement may be terminated automatically if the developer fails to satisfy the Development Schedule. This highlights the importance of careful planning and execution by the developer to meet the agreed-upon milestones within each Development Period.