What obligations does a Bombs Away franchisee have regarding site selection as described in Item 9, considering the franchisor's lack of assistance in Item 11?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
| Obligation | Section in agreement | Disclosure document item |
|---|---|---|
| a. Site selection and acquisition/lease | § 6.1 | Item 11 |
Item 11 FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING
Except as listed below, we are not required to provide you with any assistance.
Our Pre-Opening Obligations
Before you open your business:
A. Your site. We do not assist you in (i) locating your site and negotiating the purchase or lease of the site, (ii) conforming the premises to local ordinances and building codes and obtaining any required permits, or (iii) constructing, remodeling, or decorating the premises. We do not approve your site.
What This Means (2024 FDD)
According to Bombs Away's 2024 Franchise Disclosure Document, Item 9 outlines the franchisee's obligations, referencing Section 6.1 of the franchise agreement regarding site selection and acquisition or lease, and indicates that Item 11 contains related information. Item 11 explicitly states that Bombs Away does not assist franchisees in locating a site, negotiating the purchase or lease, conforming the premises to local ordinances and building codes, obtaining required permits, or constructing, remodeling, or decorating the premises, and that Bombs Away does not approve the site. This means the franchisee bears the full responsibility for finding and securing a suitable location.
Given Bombs Away's lack of direct assistance, prospective franchisees must be prepared to conduct thorough market research to identify viable locations. This includes analyzing demographics, traffic patterns, competition, and local economic conditions. Franchisees will need to independently negotiate lease terms or purchase agreements, ensuring compliance with all local regulations and building codes. They are also responsible for all construction, remodeling, and decorating expenses to meet Bombs Away's brand standards, using approved suppliers.
This hands-off approach to site selection places a significant burden on the franchisee, requiring them to possess strong business acumen and project management skills. While Bombs Away provides brand standards and a list of approved suppliers, the franchisee must coordinate all aspects of site development. This can be both a risk and an opportunity. The risk lies in the potential for costly mistakes if the franchisee lacks experience in real estate and construction. The opportunity is that the franchisee has greater control over the final location and design, potentially tailoring it to the specific needs of their market.
In the franchise industry, it is common for franchisors to offer varying levels of site selection assistance, ranging from full support to minimal involvement. Bombs Away's approach is at the lower end of the spectrum, emphasizing franchisee independence. Therefore, prospective Bombs Away franchisees should carefully consider their own capabilities and resources before committing to the franchise. They may want to seek external expertise in real estate and construction to mitigate the risks associated with site selection and development.