Does Bft make any representation or warranty as to the quality or suitability of the lease for the Franchisee's purposes?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee must submit the lease for the Studio to Franchisor for its written acceptance before Franchisee executes the lease for the Authorized Location.
Franchisor will not withhold its acceptance of the lease arbitrarily; however, any lease must be subject to the applicable Lease Addendum or incorporate similar terms.
Franchisor's acceptance of the lease for the Studio will be for Franchisor's own purposes, and Franchisor's makes no representation or warranty as to the quality or suitability of the lease or its terms for Franchisee's purposes.
Franchisee acknowledges that it has been advised to have any lease reviewed by Franchisee's own legal counsel.
Source: Item 23 — RECEIPTS (FDD pages 79–265)
What This Means (2025 FDD)
According to Bft's 2025 Franchise Disclosure Document, Bft does not make any representations or warranties regarding the quality or suitability of the lease for the franchisee's purposes. The franchisee is solely responsible for securing a suitable site for their studio and must submit the lease to Bft for written acceptance before executing it. Bft's acceptance of the lease is for its own purposes, not as an endorsement of the lease's quality or suitability for the franchisee.
This means that while Bft requires franchisees to submit their lease for approval, this approval is primarily to ensure the lease contains terms that protect Bft's interests, such as a Lease Addendum. It does not guarantee that the lease terms are favorable or appropriate for the franchisee's specific business needs. The franchisee bears the full responsibility and risk associated with the lease agreement.
Bft advises franchisees to have any lease reviewed by their own legal counsel. This is a standard practice in franchising, as it ensures that franchisees receive independent advice tailored to their specific circumstances. Prospective franchisees should carefully consider this advice and engage competent legal counsel to review the lease before signing it. This will help them understand their obligations and protect their interests.
In summary, while Bft requires lease submission for approval, franchisees must not rely on this approval as an indication of the lease's quality or suitability. They should conduct their own due diligence and seek independent legal advice to ensure the lease meets their needs and protects their interests.