Can the Bft franchisor waive the Opening Deadline in writing?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
- D. Subject to Applicable Laws (defined below), Franchisee must execute a written premises lease agreement accepted by Franchisor for the Authorized Location no later than six (6) months after the execution of this Agreement (the "Lease Execution Deadline"), and Franchisee must, with Franchisor's written approval, open the Studio's doors to the general public for participation in regular classes in the physical premises of the Studio (the "Soft Opening") no later than fifteen (15) months after the execution of this Agreement (the "Opening Deadline"); and
Source: Item 23 — RECEIPTS (FDD pages 79–265)
What This Means (2025 FDD)
According to the 2025 Bft Franchise Disclosure Document, a franchisee must open their studio to the public no later than fifteen months after the execution of the franchise agreement. This is referred to as the "Opening Deadline." The FDD specifies that the franchisee must open the studio with Bft's written approval. This implies that Bft has the authority to grant or withhold this approval, which could potentially affect the Opening Deadline.
While the FDD excerpt does not explicitly state that Bft can waive the Opening Deadline, the requirement for Bft's written approval to open the studio suggests a degree of flexibility. If unforeseen circumstances arise that prevent a franchisee from meeting the initial Opening Deadline, the franchisee might be able to request an extension from Bft. The franchisor's willingness to grant such an extension would likely depend on the specific circumstances and the franchisee's demonstrated commitment to opening the studio as soon as reasonably possible.
It is important for prospective Bft franchisees to understand the conditions under which Bft might grant an extension to the Opening Deadline. Franchisees should proactively communicate with Bft if they anticipate any delays and document all communication. Understanding Bft's policies on this matter is crucial for managing expectations and mitigating potential risks associated with delays in opening the studio.
To gain a clearer understanding, a prospective franchisee should ask Bft about its specific policies and procedures regarding the Opening Deadline. Specifically, they should inquire about the circumstances under which Bft might consider granting an extension, the process for requesting an extension, and any associated fees or penalties. This information will help the franchisee make informed decisions and plan accordingly.