What are the conditions under which a Brueggers Bagels franchisee is required to be open for business?
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)
According to Brueggers Bagels's 2025 Franchise Disclosure Document, a franchisee must keep the Bakery open during the minimum hours and days specified by the Licensor, as long as it is permitted by applicable laws and the Lessor. After the Opening Date, the franchisee must continuously operate the business within the Facility, utilizing it fully for its business at that location.
However, there are exceptions to this requirement. The franchisee is not required to operate if the Facility is untenable due to fire, other casualties, repairs, remodeling, Force Majeure, or other unavoidable interruptions. Force Majeure includes events such as acts of God, strikes, industrial disturbances, war, riots, epidemics, natural catastrophes, terrorist acts, or government actions resulting from terrorist acts, or other forces beyond the franchisee's control that materially and adversely affect the condition or use of the Bakery premises.
Additionally, the franchisee is obligated to maintain the condition and appearance of the Bakery premises in accordance with the Licensor's Standards. If the Licensor determines that the premises or its equipment do not meet these standards, the franchisee will be notified and required to take corrective action. Failure to initiate maintenance within ten days of notice, or to continue a program to complete required maintenance, constitutes a material default and may lead to termination of the agreement. The obligation to maintain is suspended during periods when maintenance is impractical due to Force Majeure.