Under the Big Apple Bagels Franchise Agreement, what is the consequence of deviating from prescribed recipes?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
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 22 — CONTRACTS (FDD pages 86–87)
What This Means (2025 FDD)
According to Big Apple Bagels' 2025 Franchise Disclosure Document, franchisees must strictly adhere to the franchisor's prescribed menu items, recipes, and food preparation methods as detailed in the Big Apple Bagels Operations Manual.
In the event a franchisee deviates from these prescribed recipes, ingredients, preparation methods, or menu boards, they become solely responsible for obtaining their own nutrition information to comply with state and federal nutrition labeling requirements. More critically, such deviation constitutes a default under the Franchise Agreement. This means that failing to follow the recipes is a violation of the agreement.
Furthermore, the franchisee is obligated to indemnify Big Apple Bagels for any claims, damages, suits, judgments, fines, or any other losses incurred by Big Apple Bagels as a result of the franchisee's non-compliance with the prescribed recipes and preparation methods. This could potentially expose the franchisee to significant financial liabilities if their deviation leads to legal or regulatory issues.