What is the alternative deadline for commencing operation of the Brueggers Bagels bakery, if applicable?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
- (c) Licensee shall keep the Bakery open and in normal operation for the minimum hours and days specified by Licensor, as permitted by applicable laws and the Lessor.
Licensee shall, continuously and uninterruptedly from and after the Opening Date, operate and conduct within the Facility the business which it is permitted to operate and conduct under the provisions hereof, except while the Facility is untenable by reason of fire or other casualty, repairs, remodeling, Force Majeure or other unavoidable interruptions, and that it shall fully utilize the Facility for its business at this location.
(d) Force Majeure is defined as acts of God, strikes, lockouts or other industrial disturbances, war, riot, epidemic, fire or other natural catastrophe, terrorist acts or government actions resulting from terrorist acts, or other forces beyond Licensee's control which materially and adversely affect the condition or use of the Bakery or Facility premises for purposes of operating a Bruegger's Bakery.
(e) Licensee shall maintain the condition and appearance of the premises of the Bakery consistent with Licensor's Standards.
Subject to the approval of the Lessor, Licensee shall effect such maintenance of the Bakery as is from time to time reasonably required to maintain or improve the appearance and efficient operation of the Bakery including but not limited to replacement, of worn out or obsolete fixtures and signs, repair of the exterior and interior of the premises of the Bakery and purchasing and installation of new or modified equipment.
If at any time in Licensor's judgment the general state of repair or the appearance of the premises of the Bakery or its equipment, fixtures, signs or décor does not meet Licensor's Standards, Licensor shall so notify Licensee, specifying the action to be taken by Licensee to correct such deficiency.
If Licensee fails or refuses to initiate such maintenance within ten (10) days after receipt of such notice, and thereafter also fails or refuses to continue a bona fide program to complete any required maintenance, such failure or refusal shall be considered a material default and Licensor may terminate this Agreement as herein provided.
Licensee's
obligation to initiate and continue any required maintenance shall be suspended during any period in which such maintenance is impractical due to Force Majeure.
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
Based on the 2025 Brueggers Bagels Franchise Disclosure Document, the Licensee (franchisee) is required to keep the Bakery open and in normal operation for the minimum hours and days specified by Licensor (Brueggers Bagels), as permitted by applicable laws and the Lessor. The Licensee must continuously operate the business from the Opening Date, fully utilizing the Facility for its business at this location. An exception to this requirement exists if the Facility is untenable due to fire or other casualty, repairs, remodeling, Force Majeure, or other unavoidable interruptions. Force Majeure includes acts of God, strikes, war, riot, epidemic, fire, terrorist acts, or government actions resulting from terrorist acts, or other forces beyond Licensee's control which materially and adversely affect the condition or use of the Bakery or Facility premises for purposes of operating a Bruegger's Bakery.
If Brueggers Bagels determines that the general state of repair or the appearance of the premises of the Bakery or its equipment, fixtures, signs or décor does not meet Licensor's Standards, Brueggers Bagels will notify Licensee, specifying the action to be taken by Licensee to correct such deficiency. If Licensee fails or refuses to initiate such maintenance within ten (10) days after receipt of such notice, and thereafter also fails or refuses to continue a bona fide program to complete any required maintenance, such failure or refusal shall be considered a material default and Brueggers Bagels may terminate this Agreement.
The Licensee's obligation to initiate and continue any required maintenance shall be suspended during any period in which such maintenance is impractical due to Force Majeure.