What is the process for the PROSPECTIVE FRANCHISEE to submit a site for approval to Big Apple Bagels?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
bution of "My Favorite Muffin" branded muffins and Brewster's branded coffee. These Stores are operated under the trademarks and service marks "My Favorite Muffin Gourmet Muffin Bakery" or "My Favorite Muffin Your All Day Bakery Cafe," one of which is their primary identifying brand.
THEREFORE, the parties agree as follows:
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- PROSPECTIVE FRANCHISEE has, contemporaneously with the execution of this Preliminary Agreement, deposited with BAB the sum of Ten Thousand ($10,000.00) Dollars ("Deposit") to be applied against the initial franchise fee payable by PROSPECTIVE FRANCHISEE if a BAGELS Franchise shall subsequently be granted.
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- Upon execution of this Agreement, BAB will furnish PROSPECTIVE FRANCHISEE its written criteria for site selection, which must be returned to BAB upon termination of this Agreement.
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- It shall be the obligation of PROSPECTIVE FRANCHISEE to search for, locate, and submit in writing to BAB for approval, within sixty (60) days after execution of this Preliminary Agreement, a site suitable for the operation of a BAGELS Store acceptable to BAB within the following area: _______________________________ (the "Area").
- a. The Area is not exclusive or protected either during the term of this Agreement or in the event a franchise is granted. BAB has the right to offer and grant a franchise to any other party within the Area. In the event BAB grants a franchise, whether a franchise for a BAGELS Franchise of a "My Favorite Muffin Store" to another party within the Area during the term of this Agreement, PROSPECTIVE FRANCHISEE may terminate this Agreement and obtain a full refund of the Deposit.
Source: Item 23 — RECEIPTS (FDD pages 87–319)
What This Means (2025 FDD)
According to Big Apple Bagels' 2025 Franchise Disclosure Document, the prospective franchisee is obligated to search for, locate, and submit in writing a site suitable for a Big Apple Bagels store to the franchisor for approval within 60 days after executing the Preliminary Agreement.
BAB will furnish the prospective franchisee its written criteria for site selection upon execution of the agreement, which must be returned to BAB upon termination of the agreement. BAB has the right to withhold approval of sites based on its standards for general location, physical and demographic characteristics of the neighborhood, traffic pattern, parking, competition, proximity to other businesses (including other Big Apple Bagels stores), the nature of other businesses in proximity to the site, layout and other physical characteristics, rental, lease duration and other lease terms and conditions for the Big Apple Bagels store.
If the prospective franchisee submits at least one site within the 60-day period that Big Apple Bagels does not approve, Big Apple Bagels may either grant an extension to the 60-day period or terminate the Preliminary Agreement, refunding the franchisee's deposit less $3,000. However, if the prospective franchisee fails to submit any sites within the 60-day period, Big Apple Bagels may terminate the Preliminary Agreement, and the prospective franchisee will not be entitled to any refund of the deposit.