Does the Bft franchisor's acceptance of a proposed site constitute a warranty or indication of the site's suitability or the studio's likelihood of success?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee must provide any information Franchisor requests to aid in its evaluation of Franchisee's proposed site. Franchisor will have sole discretion to accept or reject any proposed site. Franchisor's acceptance is entirely for its own benefit and may not be relied upon by Franchisee as a representation, warranty, or indication of any kind, including as to the suitability of the Authorized Location or the likelihood of success of the Studio. Franchisor is not responsible should any of the criteria on which it bases its decision change or not serve the Franchisee's purposes.
Source: Item 23 — RECEIPTS (FDD pages 79–265)
What This Means (2025 FDD)
According to Bft's 2025 Franchise Disclosure Document, while Bft offers assistance to franchisees in site selection, the franchisee is ultimately responsible for securing a suitable location for their studio. Bft retains sole discretion to accept or reject any proposed site. However, Bft's acceptance of a site should not be interpreted by the franchisee as a guarantee or warranty regarding the location's suitability or the studio's potential for success.
Bft emphasizes that its acceptance of a proposed site is primarily for its own benefit and should not be construed by the franchisee as a representation of any kind. The document explicitly states that Bft is not liable if the criteria it uses to make its decision change or do not align with the franchisee's objectives. This underscores the importance of franchisees conducting their own thorough due diligence and market research to ensure the chosen location meets their specific needs and expectations.
This approach is fairly standard in the franchise industry, where franchisors often provide site selection assistance but avoid guaranteeing success due to the numerous external factors influencing a location's performance. Prospective Bft franchisees should therefore not rely solely on Bft's approval but should also consult with their own advisors and conduct independent assessments to determine the viability of a proposed location.