Must a Big Apple Bagels franchisee strictly comply with prescribed menu items?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
- viii.
Franchisee acknowledges and agrees to strictly comply with the Franchisor's prescribed menu items, and to follow the recipes and food preparation methods exactly as set forth in the BAGELS Operations Manual, for all products offered and sold in Franchisee's BAGELS Store.
In the event Franchisee deviates from the prescribed recipes, ingredients, preparation methods, or menu boards, Franchisee shall be responsible for obtaining his/her own nutrition information in order to comply with applicable state and federal nutrition labeling requirements.
The previous sentence shall not be construed to permit Franchisee to deviate from said items, and such deviation shall be a default under this Franchise Agreement.
Franchisee shall indemnify Franchisor for any claims, damages, suits, judgments, fines, or any other losses incurred by Franchisor by virtue of Franchisee's failure to comply with this subparagraph.
Source: Item 16 — RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL (FDD pages 67–68)
What This Means (2025 FDD)
According to Big Apple Bagels' 2025 Franchise Disclosure Document, franchisees must strictly comply with the franchisor's prescribed menu items. Franchisees are required to follow the recipes and food preparation methods exactly as set forth in the Big Apple Bagels Operations Manual for all products offered and sold in their store. Deviation from these prescribed recipes, ingredients, preparation methods, or menu boards is not permitted and constitutes a default under the Franchise Agreement.
If a franchisee deviates from the prescribed standards, they are responsible for obtaining their own nutrition information to comply with state and federal nutrition labeling requirements. However, this does not permit deviation from the prescribed menu items. Any such deviation is considered a breach of the Franchise Agreement.
Big Apple Bagels also retains the right to approve all menu items and the final copy of the franchisee's menu before printing. Franchisees must sell all goods and services that Big Apple Bagels authorizes, and Big Apple Bagels has the right to add additional authorized services and products that franchisees must offer. There are no limits on Big Apple Bagels' rights to make product or service changes.