What conditions may Brueggers Bagels place on its decision to approve or reject a lease?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
We may condition our decision to approve or reject the lease on the following factors:
-
- The lessor must consent to your use of the Proprietary Marks and required signs.
-
- The lease must restrict the use of the Premises solely to the operation of the Bakery at the time you sign the Franchise Agreement.
-
- The lease must prohibit you from subleasing or assigning all or any part of your occupancy rights without our prior written consent. The lease must also prohibit extension of the term or renewal of the lease without our prior written consent.
-
- The lessor must provide us with copies of all notices of default given to you under the lease.
-
- We must have the right to enter the Premises to make modifications necessary to protect the Proprietary Marks or the System or to cure any default under the applicable Franchise Agreement or under the lease.
-
- We must have the option, upon default, expiration, or termination of the applicable Franchise Agreement, and upon notice to the lessor, to assume all of your rights under the lease, including any right to assign or sublease, and to require landlord to terminate your lease and enter into a new lease with us for the balance of the term of the lease upon the same terms and conditions.
-
- You must have the right to remodel the Premises without the lessor's prior approval.
-
- You must have the right, without the lessor's prior approval, to assign the lease or sublet the leased Premises to us, any of our affiliates, any other person or entity we designate, or any franchisor, franchisee or developer of Bruegger's Bakeries.
-
- The lessor must agree not to lease space in property owned, managed or controlled by it within one mile of the Premises to any Competing Business, as defined below. "Competing Business" includes any entity that is open for both breakfast and lunch and whose primary business consists of the sale of both: 1) freshly-baked bakery goods such as breads and/or bagels, muffins, scones, Danishes or other pastries, and 2) made-toorder café items such as sandwiches, salads, soups, and desserts. The lessor must also agree to insert in any lease, deed or other agreement affecting the shopping center property a restrictive clause prohibiting use of the property in any way that conflicts with the lease for the Premises.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, MANUALS AND TRAINING (FDD pages 32–42)
What This Means (2025 FDD)
According to Brueggers Bagels' 2025 Franchise Disclosure Document, Brueggers Bagels may place certain conditions on approving or rejecting a lease for a potential franchise location. These conditions are designed to protect Brueggers Bagels' brand, ensure operational control, and prevent competition. These stipulations in the lease agreement are critical for maintaining the integrity of the Brueggers Bagels system.
Specifically, Brueggers Bagels may require that the lessor consents to the franchisee's use of Brueggers Bagels' proprietary marks and required signage. The lease must restrict the premises to solely operating a Brueggers Bagels bakery at the time the Franchise Agreement is signed. The lease must also prevent the franchisee from subleasing or assigning occupancy rights without Brueggers Bagels' prior written consent, and it must prohibit extending or renewing the lease without similar consent. Additionally, the lessor must provide Brueggers Bagels with copies of any default notices issued to the franchisee.
Furthermore, Brueggers Bagels requires the right to enter the premises to make necessary modifications to protect its proprietary marks or the system, or to address any defaults under the Franchise Agreement or the lease. Brueggers Bagels must also have the option to assume the franchisee's rights under the lease upon default, expiration, or termination of the Franchise Agreement, including the right to assign or sublease. The franchisor can also require the landlord to terminate the franchisee's lease and enter into a new lease with Brueggers Bagels under the same terms. The franchisee must have the right to remodel the premises without the lessor's prior approval and to assign the lease or sublet the premises to Brueggers Bagels or its designees without needing the lessor's approval. Finally, the lessor must agree not to lease space within one mile of the premises to any competing business, defined as an entity open for both breakfast and lunch that primarily sells freshly-baked goods and made-to-order café items. The lessor must also include a restrictive clause in any agreement affecting the shopping center property, prohibiting uses that conflict with the lease for the premises.