What kind of judgment does Body Brain Center use to approve or disapprove proposed sites?
Body_Brain_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
You agree to locate and obtain our approval of the premises from which you will operate your Business.
The premises must be located within the Site Selection Area identified in Part A of Attachment "B" and must conform to our minimum site selection criteria.
You must send us a complete site report (containing the demographic, commercial and other information, photographs and video tapes that we may reasonably require) for your proposed site.
We have the right to accept or reject all proposed sites in our commercially reasonable judgment.
We will use our best efforts to approve or disapprove a proposed site within ten (10) business days after we receive all of the requisite materials.
You understand that our approval of a site does not constitute a representation or warranty of any kind, express or implied, of the suitability of the site for a Body & Brain Center.
Our approval of the site indicates only that we believe the site meets our minimum criteria.
Our site approval will be indicated on Part B of Attachment "B", which you and we will both sign upon site approval.
- 7.2 Lease.
If you will lease the premises for your Center, you must use your best efforts to ensure your landlord signs the Lease Addendum that is attached to this Agreement as Attachment "C".
If your landlord refuses to sign the Lease Addendum in substantially the form attached to this Agreement, we have the right to disapprove of your lease in our commercially reasonable judgment, in which case you must find a new site for your Center.
Source: Item 23 — RECEIPT (FDD pages 43–178)
What This Means (2025 FDD)
According to Body Brain Center's 2025 Franchise Disclosure Document, the franchisor uses commercially reasonable judgment when approving or disapproving proposed sites. The franchisee is responsible for finding a location within the Site Selection Area, as outlined in Attachment B, that meets Body Brain Center's minimum site criteria. The franchisee must submit a comprehensive site report, including demographic, commercial, and other relevant information, along with photographs and video tapes, for Body Brain Center to review.
Body Brain Center has the right to either accept or reject the proposed site based on their commercially reasonable judgment. The franchisor commits to making their decision within ten business days of receiving all necessary materials. However, the document clarifies that Body Brain Center's approval does not guarantee the site's suitability for a Body & Brain Center, but only indicates that the location meets the minimum requirements.
Furthermore, if the franchisee plans to lease the premises, they must make their best effort to have the landlord sign the Lease Addendum included as Attachment C to the Franchise Agreement. If the landlord refuses to sign the Lease Addendum in substantially the form provided, Body Brain Center reserves the right to disapprove the lease based on their commercially reasonable judgment, which would require the franchisee to find a new location. This stipulation protects Body Brain Center by ensuring that lease terms align with their standards and operational needs.
This process highlights the importance of thorough site selection and lease negotiation for prospective Body Brain Center franchisees. Franchisees should carefully consider the site selection criteria and ensure that potential landlords are willing to agree to the Lease Addendum to avoid potential delays or disapproval, which could impact their ability to open their center.