When does the First Development Period commence and expire for a Big Apple Bagels franchise?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
vorite Muffin franchised stores in operation throughout the United States.
2. DEFINITIONS
- A. Exclusive Area. "Exclusive Area" shall mean the geographical area described in Rider A, attached hereto and incorporated herein by reference. The Exclusive Area as described in Rider A may be, at the request of Developer, replaced with another area deemed available for development by Franchisor in its sole judgment. In such event, Rider A shall be amended to describe the substituted area and all development rights and exclusivity granted hereunder for the original area defined on Rider A will terminate and shall be extended to the new Exclusive Area.
- B. Development Period. "Development Period" shall mean each period of time defined as a Development Period in Section 4 of Rider B, attached hereto and incorporated herein by reference.
- C. Franchise Agreement. "Franchise Agreement" shall mean the then current form of agreements (including without limitation, franchise agreement and any exhibits, riders, subleases or collateral assignments of leases or subleases, shareholder guarantees and preliminary agreements
used in connection therewith) customarily used by Franchisor in the granting of a franchise for the ownership and operation of a BAGELS Store except the initial franchise fee shall be as set forth in Paragraph 6.B. below. Attached to Franchisor's Franchise Disclosure Document is a copy of the current form of Franchise Agreement. DEVELOPER ACKNOWLEDGES THAT THE AGREEMENT ATTACHED TO FRANCHISOR'S FRANCHISE DISCLOSURE DOCUMENT IS THE CURRENT FORM OF FRANCHISE AGREEMENT AND THAT FRANCHISOR, AT ITS SOLE DISCRETION BUT SUBJECT TO THE EXPRESS PROVISIONS CONTAINED HEREIN, MAY FROM TIME TO TIME MODIFY OR AMEND IN ANY RESPECT THE STANDARD FORM OF FRANCHISE AGREEMENT CUSTOMARILY USED IN GRANTING A "BAGELS STORE" FRANCHISE.
3. DEVELOPMENT RIGHTS AND OBLIGATIONS
A. Term of Agreement/Reservation of Rights
- (1) Subject to the provisions contained herein, this Agreement shall be for a term commencing on the date hereof and expiring on the last day of the last Development Period.
Source: Item 23 — RECEIPTS (FDD pages 87–319)
What This Means (2025 FDD)
Based on the 2025 Big Apple Bagels Franchise Disclosure Document, the specifics regarding the commencement and expiration dates of the First Development Period are not detailed in the provided excerpts. However, the document does refer to "Development Period" as each period of time defined in Section 4 of Rider B.
Item 3.A.(1) states that the agreement term commences on the date of the agreement and expires on the last day of the last Development Period. Item 3.B states that during the Development Periods, Big Apple Bagels will grant franchises for the ownership and operation of BAGELS Stores located within the Exclusive Area, provided the Developer is in full compliance with the terms and conditions of the agreement. Item 3.C states that the Developer agrees to have signed leases within the Exclusive Area for the cumulative number of BAGELS Production Stores or BAGELS Satellite Stores at the end of each Development Period set forth in Section 4 of Rider B.
To fully understand the terms of the First Development Period, a prospective Big Apple Bagels franchisee should carefully review Section 4 of Rider B in the Franchise Agreement. It would be prudent to ask the franchisor for a detailed explanation of these timelines and obligations to ensure clarity on the development schedule and expectations.