Must a Big Apple Bagels developer's request for approval or consent be in writing?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
Whenever this Agreement requires Franchisor's prior approval or consent, Developer shall make a timely written request therefor, and such approval, shall be obtained in writing.
Source: Item 23 — RECEIPTS (FDD pages 87–319)
What This Means (2025 FDD)
According to Big Apple Bagels' 2025 Franchise Disclosure Document, if a developer requires prior approval or consent from Big Apple Bagels, the developer must make a timely written request. Furthermore, Big Apple Bagels' approval must also be obtained in writing. This requirement ensures a clear record of all requests and approvals, which can be beneficial for both parties.
This stipulation protects both Big Apple Bagels and its developers by providing a documented trail of communications and agreements. It minimizes misunderstandings and provides clarity on what was requested, approved, and the conditions attached. For example, site selection is a critical aspect of establishing a Big Apple Bagels store, and the requirement for written requests and approvals ensures that both the developer and Big Apple Bagels are aligned on the chosen location.
For a prospective Big Apple Bagels developer, this means that all interactions requiring franchisor consent, such as site selection, operational changes, or financial matters, must be formally documented. This may require more administrative effort but offers the advantage of having a clear record should any disputes arise. It is a common practice in franchising to have such requirements to maintain consistency and protect the brand.
It is important for potential developers to understand that Big Apple Bagels makes no warranties or guarantees and assumes no liability by granting any waiver, approval, or consent. Any waiver granted by Big Apple Bagels is subject to continuing review and may be revoked with ten days' prior written notice to the developer. This underscores the importance of carefully considering all requests and ensuring they align with Big Apple Bagels' standards and requirements.