Is there a specific date by which the Bft developer must request the 90-day extension?
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 FDD, a Bft developer must notify the franchisor of their need for a one-time 90-day extension no less than 30 days prior to the expiration of the relevant Development Period. This extension is designed to provide flexibility in meeting development obligations under specific conditions.
To be eligible for this extension, the Bft developer must have already secured a site, either through a lease or other means, that the franchisor has approved for the studio(s) required to open during the Development Period in question. This prerequisite ensures that the developer has made tangible progress towards fulfilling their obligations before requesting additional time.
It's important to note that this 90-day extension applies only to one Development Period. Granting this extension does not alter or extend any subsequent Development Periods or obligations outlined in the Development Schedule. This condition ensures that the overall development timeline remains consistent and prevents delays from cascading through the entire agreement.