What is the dependency for the effectiveness of the Virginia addendum to the Big Apple Bagels Franchise Agreement?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
This Addendum is to a BAGELS Franchise Agreement dated , 20 between BAB Systems, Inc. and (Franchisee) to amend said Agreement as follows: 1. Paragraph 16.a.x. of the BAGELS Franchise Agreement on Termination for Failure to Complete Training is amended to read in its entirety as follows: Successful Completion of Training. The grant of the franchise herein is conditioned upon successful completion of the sales/operations seminar and technical training seminar by Franchisee (or Franchisee's individual owner if Franchisee is a corporation, partnership, or other entity.) If during the course of the training programs or within fifteen (15) days thereafter Franchisor concludes that Franchisee has not successfully completed the sales/operations seminar and technical training seminar, may, in its sole discretion and judgment, cancel this Agreement and all rights hereunder, where permitted by applicable law, by giving notice to Franchisee and tendering to Franchisee a refund of its initial franchise fee less an amount to cover the reasonable expenses incurred by Franchisor in connection with training Franchisee. Franchisee agrees that such refund shall be the full extent of Franchisor's liability and responsibility in the event of such cancellation, and Franchisee and its owners shall execute a general release, in a form satisfactory to Franchisor, of any and all claims against Franchisor and its affiliates, officers, directors, employees and agents. Upon cancellation of this Agreement, Franchisee shall return to Franchisor all materials, manuals, information and all other items that Franchisee received from Franchisor, including all copies thereof and notes thereon which Franchisee may have or control. Franchisee further agrees to maintain strictly the confidentiality of all information received relating to the BAB System and not to use in the operation of a food service or similar business, any trade secrets or confidential information obtained from Franchisor in the course of the training program or otherwise. In witness whereof, each of the undersigned hereby acknowledges having read this Addendum, understands and consents to be bound by all of its terms, and agrees it shall become effective the day of, 20 BAB SYSTEMS, INC.
Source: Item 23 — RECEIPTS (FDD pages 87–319)
What This Means (2025 FDD)
According to the 2025 Big Apple Bagels Franchise Disclosure Document, the Virginia addendum includes a stipulation regarding franchise cancellation. Specifically, Paragraph 16.a.x. of the BAGELS Franchise Agreement is amended to state that the grant of the franchise is conditional upon the franchisee's successful completion of the sales/operations seminar and technical training seminar.
If Big Apple Bagels concludes, either during the training programs or within fifteen days after, that the franchisee has not successfully completed the required seminars, Big Apple Bagels may cancel the agreement. This cancellation is subject to applicable law and requires Big Apple Bagels to provide notice to the franchisee and refund the initial franchise fee, less an amount to cover reasonable expenses incurred by Big Apple Bagels in connection with the training.
The franchisee's acceptance of this refund constitutes a full release of liability for Big Apple Bagels. Upon cancellation, the franchisee must return all materials received from Big Apple Bagels and maintain the confidentiality of the information obtained during training, especially trade secrets. The addendum becomes effective upon the acknowledgement and agreement of both parties, as indicated by their signatures.