What constitutes acceptance of a site for a Big Apple Bagels store by the franchisee?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
y Franchisee under his lease or under this Agreement. Franchisor's approval of Franchisee's lease is conditioned on receipt of the signed Collateral Assignment.
- v. Franchisee's execution of a lease for a site for the BAGELS Store shall constitute acceptance by Franchisee of such site and location and of the terms of such lease, sublease or purchase.
- vi. Franchisor's approval of the lease or sublease does not constitute a warranty or representation of any kind, express or implied, as to its fairness, suitability or profitability or as to Franchisee's ability to comply with its terms.
- b.
Source: Item 22 — CONTRACTS (FDD pages 86–87)
What This Means (2025 FDD)
According to Big Apple Bagels' 2025 Franchise Disclosure Document, a franchisee's execution of a lease for a site constitutes acceptance of that site and location, as well as acceptance of the terms within that lease, sublease, or purchase agreement. This means that once the franchisee signs the lease, they are agreeing that the site is suitable for their Big Apple Bagels store.
However, the FDD also states that Big Apple Bagels' approval of the lease or sublease does not constitute a warranty or representation of any kind. This protects Big Apple Bagels from liability regarding the fairness, suitability, or profitability of the location, or the franchisee's ability to comply with the lease terms. The franchisee is ultimately responsible for assessing these factors.
Prior to taking possession of the site, the franchisee must secure all necessary financing to fully develop the Big Apple Bagels store. After obtaining possession, the franchisee must promptly prepare and submit a site plan for Big Apple Bagels' approval. The franchisee is also responsible for obtaining all required zoning changes, permits, and licenses, as well as purchasing or leasing the necessary equipment, fixtures, furniture, and signs. The franchisee must complete construction and/or remodeling in accordance with Big Apple Bagels' approved plans and specifications and all applicable regulations.