Is there any mention of a renewal fee for Bft in this section?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 17: RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION]
EXHIBIT L-1
FRANCHISE AGREEMENT SOURCING FEE ADDENDUM
EXHIBIT L-1 FRANCHISE AGREEMENT SOURCING FEE ADDENDUM (BFT)
[Item 17: RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION]
Title: __________________________________ Date: __________________________________
EXHIBIT L-2
MULTI-UNIT AGREEMENT SOURCING FEE ADDENDUM
EXHIBIT L-2 MULTI-UNIT AGREEMENT SOURCING FEE ADDENDUM (BFT)
[Item 17: RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION]
| and between | BFT FRANCHISE SPV, LLC, a Delaware limited liability company with its principal business |
|---|---|
| address at 17877 | Von Karman Ave., Suite 100 Irvine, CA 92614 ("Franchisor"), and |
| , whose principal business address is | |
| ("Developer"). | |
| 1. , 20 this Sourcing Fee Unit Agreement. | Background. Developer and Franchisor are parties to that certain Multi-Unit Agreement dated (the "Multi-Unit Agreement") that has been signed concurrently with the signing of Addendum. This Sourcing Fee Addendum supersedes any inconsistent or conflicting provisions of the Multi-Unit Agreement. Terms not otherwise defined in this Sourcing Fee Addendum have the meanings as defined in the Multi-Unit Agreement. This Sourcing Fee Addendum is annexed to and forms part of the Multi |
| 2. | Sourcing Fee. Developer (and/or its affiliate(s)) currently operates an existing BFT Studio, and |
| in connection with the grant of the Development Rights under the Multi-Unit Agreement, a commission is owed | |
| to a third-party franchise broker based on a previously-made introduction to Franchisor or its affiliates. | |
| Accordingly, Developer agrees to pay, on its execution of the Multi-Unit Agreement, a non-refundable sourcing | |
| fee in the amount as follows (check as applicable): | |
| If Developer is acquiring Development Rights a Multi-Unit Agreement for the right to open two (2) | |
| additional BFT Studios, then the sourcing fee will be $40,000 (which is due in addition to the | |
| Development Fee). | |
| If Developer is acquiring Development Rights a Multi-Unit Agreement for the right to open three (3) | |
| additional BFT Studios, then the sourcing fee will be $50,000 (which is due in addition to the | |
| Development Fee). | |
| If Developer is acquiring Development Rights a Multi-Unit Agreement for the right to open six (6) | |
| additional BFT Studios, then the sourcing fee will be $84,000 (which is due in addition to the | |
| Development Fee). | |
| If Developer is acquiring Development Rights a Multi-Unit Agreement for the right to open ten (10) | |
| additional BFT Studios, then the sourcing fee will be $120,000 (which is due in addition to the | |
| Development Fee). | |
| [Signature Page to Follow] |
[Item 17: RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION]
| THIS RIDER is made and entered into by and between BFT FRANCHISE SPV, LLC, a | |
|---|---|
| Delaware limited liability company with its principal business address at 17877 Von Karman Ave., Suite | |
| 100 Irvine, CA 92614 ("Franchisor"), and, whose | |
| principal business address is | |
| ("Developer"). | |
| 1. | dated |
| Background. Franchisor and Developer are parties to that certain Multi-Unit Agreement | |
| , 20 (the "Multi-Unit Agreement") that has been signed concurrently | |
| with the signing of this Rider. This Rider is annexed to and forms part of the Multi-Unit Agreement. This | |
| Rider is being signed because (a) the offer is directed into the State of Washington and is received where it | |
| is directed; or | |
| (b) Developer is a resident of the State of Washington; or | |
| (c) the Studios that Developer | |
| develops under the | |
| Multi-Unit Agreement | |
| are or will be located or operated, wholly or partly, in the State | |
| of Washington. | |
| 2. | |
| Surety Bond. A surety bond in the amount of $100,000 has been obtained by Franchisor. The | |
| Washington Securities Division has made the issuance of Franchisor's permit contingent upon Franchisor | |
| maintaining surety bond coverage acceptable to the Administrator until (a) all Washington franchisees have | |
| (i) received all pre-opening obligations that they are entitled to under the franchise agreement or offering | |
| circular, and (ii) are open for business; or (b) the Administrator issues written authorization to the contrary. | |
| 3. | |
| Enforcement of Covenants. Subparts (a) and (b) of Section 6.B of the Multi-Unit Agreement | |
| will not apply to the post-termination restrictions in Section 6.A. | |
| 4. | it is |
| Cross Default. Section 8.B of the Multi-Unit Agreement | |
| will not apply to the extent | |
| inconsistent with RCW 19.100.180. | |
| 5. | |
| Other Proceedings (Right to Injunctive Relief). The last sentence of Section 12.E of the | |
| Multi-Unit Agreement | |
| is deleted in its entirety. | |
| 6. | |
| Limitation of Claims. Section 12.K of the Multi-Unit Agreement is hereby deleted in its | |
| entirety and replaced with "intentionally deleted". | |
| 7. | |
| No Recourse Against Nonparty Affiliates. Nothing in Section 13.E of the Multi-Unit | |
| Agreement | |
| will release XPOF Assetco, LLC from any liability arising under that certain Guaranty of | |
| Performance by XPOF Assetco, LLC dated March | |
| 14, 2025. | |
| 8. | |
| Washington Law. | |
| The following paragraphs are added to the end of the Multi-Unit | |
| Agreement: | |
| In the event of a conflict of laws, the provisions of the Washington Franchise Investment | |
| Protection Act, Chapter 19.100 RCW will prevail. | |
| RCW 19.100.180 may supersede the franchise agreement in your relationship with the | |
| franchisor including the areas of termination and renewal of your franchise. There may also | |
| be court decisions which may supersede the franchise agreement in your relationship with | |
| the franchisor including the areas of termination and renewal of your franchise. |
[Item 17: RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION]
See Exhibit B for BFT Franchise SPV, LLC's registered agents authorized to receive service of process.
I have received a disclosure document dated March 14, 2025, that included the following Exhibits:
Exhibit A Form of Franchise Agreement and Exhibits Exhibit H State Specific Addenda Exhibit B List of State Agents for Service of Process and State Administrators Exhibit I List of Franchisees Exhibit C Financial Statements Exhibit J List of Franchisees That Left System Exhibit D Guaranty of Performance Exhibit K Form of Multi-Unit Agreement Exhibit E Statement of Prospective Franchisee Exhibit L-1 Form of Sourcing Fee Addendum (Franchise Agreement) Exhibit F Table of Contents of Manual Exhibit L-2 Form of Sourcing Fee Addendum (Multi-Unit Agreement) Exhibit G Form of General Release Exhibit M Receipts Please sign this copy of the receipt, print the date on which you received this disclosure document, and return it, by mail or email to BFT Franchise SPV, LLC, 17877 Von Karman Avenue, Suite 100, Irvine, California 92614. Email: salesinfo@xponential.com.
[Item 17: RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION]
located in the State of Illinois.
Section 41 of the Illinois Franchise Disclosure Act provides that any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void.
Developer's rights upon termination and non-renewal of a multi-unit agreement are subject to sections 19 and 20 of the Illinois Franchise Disclosure Act.
[SIGNATURE PAGE TO FOLLOW]
IN WITNESS WHEREOF, the parties have executed and delivered this Rider to be effective as of the effective date of the Multi-Unit Agreement.
BFT FRANCHISE SPV, LLC, a Delaware limited liability company [NAME OF DEVELOPER] Capacity:
RIDER TO THE BFT FRANCHISE SPV, LLC MULTI-UNIT AGREEMENT FOR USE IN MARYLAND
[Item 17: RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION]
| THIS RIDER (this "Rider") is made and entered into by and between | BFT FRANCHISE SPV, |
|---|---|
| LLC, a Delaware limited liability company with its principal business address at 17877 Von Karman Ave., | |
| Suite 100 Irvine, CA 92614 | ("Franchisee"). |
| ("Franchisor"), and, | |
| whose principal business address is | |
| 1. | are parties to that certain Franchise Agreement dated |
| Background. Franchisor | |
| and Franchisee | |
| , 20 (the "Franchise Agreement") that has been signed concurrently | |
| with the signing of this Rider. This Rider supersedes any inconsistent or conflicting provisions of the | |
| Franchise Agreement. Terms not otherwise defined in this Rider have the meanings as defined in the | |
| Franchise Agreement. | |
| This Rider is annexed to and forms part of the Franchise Agreement. This Rider is | |
| being signed because (a) Franchisee is a resident of the State of Maryland; or | (b) the Studio that Franchisee |
| operates | (c) the offer to |
| under its Franchise Agreement is or will be operated in the State of Maryland; or | |
| sell the franchise was | (d) the offer to buy the franchise was |
| made in the State of Maryland; or | accepted in |
| the State of Maryland. | |
| 2. | and 14.2 |
| Releases. The following is added to the end of Sections 3.2.C (Successor Franchise) | |
| (Conditions for Approval of Transfer) | |
| of the Franchise Agreement: | |
| Pursuant to COMAR 02.02.08.16L, any release required as a condition of renewal and/or | |
| assignment/transfer will not apply to claims arising under the Maryland Franchise | |
| Registration and Disclosure Law. | |
| 3. | 15.1.A(2) and (3) (Termination of |
| Insolvency. The following is added to the end of Sections | |
| Franchise by Franchisor) | |
| of the Franchise Agreement: | |
| This Section | |
| might not be enforceable under federal bankruptcy law (11 U.S.C. Sections | |
| 101 et seq.). | |
| 4. | |
| Governing Law; Consent to Jurisdiction. The following is added to the end of Sections 16.1 | |
| (Governing Law) | |
| and 16.6 (Consent to Jurisdiction) | |
| of the Franchise Agreement: | |
| ; provided, however, Franchisee | |
| may bring a lawsuit in Maryland for claims arising under | |
| the Maryland Fran |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 57–66)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, Item 17 regarding renewal, termination, transfer, and dispute resolution for Bft does not explicitly mention a renewal fee. The documents provided consist of addenda and exhibits related to sourcing fees, multi-unit agreements, state-specific agreements, and service processes. These documents outline specific fees related to development rights for multi-unit agreements, such as sourcing fees ranging from $40,000 to $120,000 depending on the number of additional Bft studios a developer is acquiring the rights to open. However, none of the provided excerpts from Item 17 detail any fees associated with the renewal of a franchise agreement.
Given the absence of specific information about renewal fees in the provided excerpts, it is important for a prospective Bft franchisee to directly inquire with the franchisor about the renewal terms and any associated fees. This information is crucial for understanding the long-term financial commitments involved in owning and operating a Bft franchise. Understanding the renewal process and costs is essential for making an informed decision about investing in a Bft franchise.
To gain a comprehensive understanding of the renewal process, prospective franchisees should ask Bft for detailed information on the conditions for renewal, the length of the renewal term, and any changes to the franchise agreement that may occur upon renewal. Furthermore, they should clarify whether the renewal fee is a fixed amount or if it is subject to change based on factors such as revenue or market conditions. This due diligence will help potential franchisees accurately assess the financial implications of renewing their franchise agreement with Bft.