Who is responsible for locating the site for a Big Apple Bagels store?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
BAB will provide the following services and guidance in connection with the establishment of your unit, whether a Production Store or a Satellite Store:
BAB or its delegate will assist you in selecting a site for the Store (Paragraph 3.a, Franchise Agreement). However, you are responsible for locating the site.
BAB must approve the site for your BAGELS Store. You must locate the site, using a licensed real estate broker who specializes in commercial real estate. You must submit detailed site information to BAB as BAB prescribes. BAB considers the following factors in approving a site: the demographic characteristics, traffic patterns, parking, character of neighborhood, competition from other businesses within the area, the proximity to other businesses (including other BAGELS Stores), and the size, appearance and other physical characteristics of the site. The lease for the site must include certain provisions required by BAB and stated in the Franchise Agreement.
If you sign a Preliminary Agreement, then, under Paragraph 5 of that Agreement, BAB will expend such time and effort and incur such expense as may reasonably be required to inspect sites you propose. If you submit at least 1 site to BAB within the 60 days, but the site is not approved, BAB may, at any time thereafter at its sole discretion, either grant an extension to the above referenced 60 day period or terminate the Preliminary Agreement. If BAB elects to terminate the Preliminary Agreement, it shall refund all but $3,000 of the deposit. If you fail to submit even 1 site to BAB within the 60 days, you will not be entitled to a refund of any of the deposit. If you fail to locate a site we approve, you will not be granted a franchise. If you and BAB cannot agree on a site, and you have signed a Preliminary Agreement, then we will not enter into a Franchise Agreement with you. Refundability of a portion of the deposit will depend on the timing and circumstances described above.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 42–53)
What This Means (2025 FDD)
According to Big Apple Bagels' 2025 Franchise Disclosure Document, the franchisee is responsible for locating the site for their store. However, Big Apple Bagels or its delegate will assist the franchisee in selecting a site.
Big Apple Bagels must approve the site for the BAGELS Store. The franchisee must locate the site, using a licensed real estate broker who specializes in commercial real estate, and submit detailed site information to Big Apple Bagels as prescribed. Big Apple Bagels considers factors such as demographic characteristics, traffic patterns, parking, character of neighborhood, competition, proximity to other businesses, and the site's physical characteristics when approving a location.
The lease for the site must include certain provisions required by Big Apple Bagels and stated in the Franchise Agreement. If a franchisee signs a Preliminary Agreement and submits at least one site within 60 days, but the site is not approved, Big Apple Bagels may either grant an extension or terminate the agreement, refunding all but $3,000 of the deposit if terminated. Failure to submit any site within 60 days results in no refund of the deposit. If the franchisee and Big Apple Bagels cannot agree on a site, and a Preliminary Agreement has been signed, a Franchise Agreement will not be entered into.