What agreement must a manager appointed after the death or disability of a Big Apple Bagels franchisee execute?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
The appointment of such manager shall be subject to the prior written approval of Franchisor and, if requested by Franchisor, such manager shall attend and complete Franchisor's training program for franchisees.
Such manager shall execute Franchisor's then-current form of Confidentiality and Non-Competition Agreement.
Source: Item 22 — CONTRACTS (FDD pages 86–87)
What This Means (2025 FDD)
According to the 2025 Big Apple Bagels Franchise Disclosure Document, if a franchisee dies or becomes permanently disabled, their representative must appoint a manager to operate the Big Apple Bagels store. This appointment is subject to Big Apple Bagels' prior written approval, and Big Apple Bagels may require the manager to complete the franchise training program.
The appointed manager is required to execute Big Apple Bagels' then-current form of Confidentiality and Non-Competition Agreement. This agreement likely contains provisions to protect Big Apple Bagels' trade secrets, customer relationships, and competitive advantages.
If Big Apple Bagels believes the store is not being managed properly, they have the right to appoint their own manager for up to 30 days. During this time, the franchisee must either have their manager attend additional training or appoint a new manager, or Big Apple Bagels may terminate the franchise agreement. This ensures that the Big Apple Bagels store maintains operational standards even in the event of the franchisee's death or disability.