Does the Bft FDD specify who determines what is considered a 'reasonable' extension of time?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
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 the 2025 Bft Franchise Disclosure Document, Bft will provide the Developer with a one-time reasonable extension of time, not to exceed 90 days, to comply with development obligations in any one Development Period.
The FDD specifies that Bft determines whether to grant this extension. To be eligible, the Developer must have already secured an approved site and notify Bft at least 30 days before the expiration of the Development Period.
This extension, if granted by Bft, does not alter the deadlines for subsequent Development Periods or obligations. This clause ensures that while Bft offers some flexibility, the overall development timeline remains largely unchanged.