Does Big Apple Bagels offer assistance to franchisees in selecting a site?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
seven percent (7%) of the Gross Revenues of the Store (as defined in Paragraph 8.c. hereof).
3. LOCATION AND DEVELOPMENT OF STORE
a. Location and Lease.
- i. The location of Franchisee's Store must be approved by Franchisor. Franchisee may operate the Store only at the location specified in Paragraph 1.a. and Rider A to this Agreement and may not relocate the Store except with Franchisor's prior written consent. If the site for the Store has not been located by Franchisee at the time of execution of this Agreement, Franchisee agrees to locate and submit to Franchisor for approval, within ninety (90) days after the date of execution of this Agreement, a site suitable for the operation of a BAGELS Store and acceptable to Franchisor. Franchisee must use a licensed real estate broker who specializes in commercial real estate. Franchisee must locate the site for his Store and provide written detailed site information to Franchisor as Franchisor prescribes. Franchisor shall assist Franchisee in the selection of the site. Franchisor has the right to withhold its approval of a site.
- ii. Franchisee shall submit the lease for the premises of the Store to Franchisor prior to its execution for Franchisor's examination and approval. The lease for the premises of the Store shall state that the premises shall be used only for a BAGELS Store and contain substantially the following provisions:
"Anything contained in this lease to the contrary notwithstanding, Lessor agrees that, without its consent, this lease and the right, title and interest of the Lessee thereunder, may be assigned by the Lessee to BAB Systems, Inc., an Illinois Corporation, or its designee, provided that said BAB Systems, Inc. or its designee shall execute such documents evidencing its agreement to thereafter keep and perform, or cause to be kept or performed, all of the obligations of the Lessee arising under this lease from and after the time of such assignment."
"Lessor agrees that Lessor shall, upon written request of BAB Systems, Inc., disclose to said corporation, all reports, information or data in Lessor's possession with respect to sales made in, upon or from the leased premises."
"Lessor shall give written notice to BAB Systems, Inc., an Illinois corporation (concurrently with the giving of such notice to Lessee), of any default by Lessee under the lease and the said BAB Systems, Inc. shall have, after the expiration of the period during which the Lessee may cure such default, an additional thirty (30) days to cure, at its sole option, any such default."
"Lessor agrees it will not, without the prior written consent of BAB Systems, Inc., modify or terminate this lease.
Source: Item 22 — CONTRACTS (FDD pages 86–87)
What This Means (2025 FDD)
According to Big Apple Bagels' 2025 Franchise Disclosure Document, Big Apple Bagels does offer assistance to franchisees in selecting a site for their store. The franchisee is responsible for locating a site and submitting it to Big Apple Bagels for approval within 90 days of signing the franchise agreement.
To aid in this process, Big Apple Bagels will assist the franchisee in the selection of the site. However, the franchisor retains the right to withhold approval of any site. The franchisee must use a licensed real estate broker who specializes in commercial real estate to locate the site and provide detailed written site information to Big Apple Bagels as prescribed.
Before the franchisee executes a lease, it must be submitted to Big Apple Bagels for examination and approval. The lease must specify that the premises will be used only for a Big Apple Bagels store and include provisions allowing the lease to be assigned to BAB Systems, Inc. or its designee, and requiring the lessor to disclose sales information to BAB Systems, Inc. upon request. The franchisee's execution of a lease constitutes acceptance of the site and its terms, and Big Apple Bagels' approval of the lease does not constitute a warranty regarding its fairness, suitability, or profitability.