What are the consequences for a Big Apple Bagels franchisee who breaches any provision of the Catering Program Addendum?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee acknowledges and agrees that any breach of any provision of this Addendum shall be deemed a breach of the Franchise Agreement, conferring upon Franchisor the remedies set forth in the Franchise Agreement.
Source: Item 22 — CONTRACTS (FDD pages 86–87)
What This Means (2025 FDD)
According to the 2025 Big Apple Bagels Franchise Disclosure Document, any breach of the Catering Program Addendum is considered a breach of the Franchise Agreement itself. This is significant because it means that Big Apple Bagels can pursue all the remedies outlined in the Franchise Agreement for such a breach.
The Catering Program Addendum states that it is part of the Franchise Agreement. It also specifies that the Catering Program is subject to all provisions contained in the Franchise Agreement, as modified by the addendum. This means that all the standard terms and conditions of the Franchise Agreement apply to the franchisee's participation in the Catering Program.
Because a breach of the Catering Program Addendum is treated as a breach of the Franchise Agreement, Big Apple Bagels has the right to exercise the remedies detailed in the Franchise Agreement. These remedies could include financial penalties, required corrective actions, or even termination of the franchise agreement, depending on the severity and nature of the breach. A prospective franchisee should carefully review the Franchise Agreement to understand the full scope of potential consequences.