Is the Big Apple Bagels Franchise Agreement considered personal to the Developer?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
Developer acknowledges that Franchisor has granted the development rights to Developer herein set forth in part in consideration of, and in reliance upon, Developer's agreement to deal exclusively with Franchisor.
Therefore, during the term of this Agreement, neither Developer, any shareholder, partner, or member (in the event Developer is a corporation, partnership, or limited liability company), nor any member of his or their immediate families shall have any interest as an owner, investor, partner, director, officer, employee, consultant representative, agent, lender, lessor or in any other capacity, in any business engaged in the b
Source: Item 23 — RECEIPTS (FDD pages 87–319)
What This Means (2025 FDD)
According to the 2025 Big Apple Bagels Franchise Disclosure Document, the agreement includes considerations regarding the developer's exclusivity and commitment to the brand. Specifically, the document states that Big Apple Bagels grants development rights to the developer in consideration of, and reliance upon, the developer's agreement to deal exclusively with the franchisor.
This means that during the term of the agreement, the developer, including their shareholders, partners, members, and immediate family members, cannot hold any interest in any business engaged in the sale of bagels or similar products. This restriction applies to roles such as owner, investor, partner, director, officer, employee, consultant, representative, agent, lender, or lessor.
This clause ensures the developer's full commitment to developing Big Apple Bagels stores and prevents conflicts of interest by prohibiting involvement in competing businesses. This exclusivity is a critical component of the agreement, as Big Apple Bagels relies on the developer's focused efforts to promote and enhance the brand within the designated area.