What obligations does Body Brain Center have regarding the approval of a site for a franchise?
Body_Brain_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
ivate Label Goods**. We may, but need not, develop Body & Brain private label products for sale at your Center. You are not required to sell any of these products.
7. ESTABLISHING YOUR CENTER
- 7.1 Site Selection. 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.
- 7.3 Construction. After you purchase or sign the lease for your premises, you must construct and equip the premises to the specifications contained in the Manual and purchase (or lease) and install the equipment, fixtures, signs and other items that we require.
Source: Item 23 — RECEIPT (FDD pages 43–178)
What This Means (2025 FDD)
According to the 2025 Body Brain Center Franchise Disclosure Document, the franchisee is responsible for locating a site for their Body & Brain Center. The site must be within the Site Selection Area and meet Body Brain Center's minimum criteria. The franchisee must submit a complete site report with demographic, commercial, and other information, including photographs and video tapes, as required by Body Brain Center.
Body Brain Center has the right to accept or reject proposed sites based on their commercially reasonable judgment. Body Brain Center will use its best efforts to approve or disapprove a proposed site within ten business days after receiving all required materials. The approval of a site by Body Brain Center does not constitute a warranty of the site's suitability for a Body & Brain Center, but only indicates that the site meets their minimum criteria.
Site approval will be documented on Part B of Attachment "B", which both the franchisee and Body Brain Center will sign. If the franchisee leases the premises, they must try to ensure the landlord signs the Lease Addendum (Attachment "C"). Body Brain Center has the right to disapprove the lease if the landlord refuses to sign the Lease Addendum in substantially the form attached to the agreement, in which case the franchisee must find a new site. After the site is secured, the franchisee must construct and equip the premises according to Body Brain Center's specifications in the Manual. Before opening, Body Brain Center must approve the layout of the center, and the franchisee must open the center within two years of the Effective Date.