What are the consequences if a Brueggers Bagels franchisee ceases to operate or abandons a Bakery?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
- 17.2.3. If you cease to operate or otherwise abandon the Bakery for two (2) consecutive business days during which you are otherwise required to be open, without our prior written consent to do so, or if you lose the right to possession of the Premises, or forfeit the right to do or transact business in the jurisdiction where the Premises are located.
However, if, through no fault of your own, the Premises are damaged or destroyed by an event such that repairs or reconstruction cannot be completed within sixty (60) days thereafter, then you will have thirty (30) days after that event in which to apply for our approval to relocate and/or reconstruct the Bakery, which approval will not be unreasonably withheld;
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
According to the 2025 Brueggers Bagels Franchise Disclosure Document, if a franchisee ceases to operate or abandons their bakery for two consecutive business days without prior written consent from Brueggers Bagels, it constitutes grounds for termination of the franchise agreement. This is contingent on the franchisee otherwise being required to be open during those days.
In the event of termination or expiration of the franchise agreement, the franchisee must cease operating the bakery and discontinue using any confidential methods, procedures, or techniques associated with the Brueggers Bagels system. This includes the "Bruegger's" and "Bruegger's Bagels" names and marks, all proprietary marks, and other distinctive elements associated with the brand. The franchisee must also withdraw all advertising material, including electronic marketing, and refrain from representing themselves as a current or former franchisee, except as otherwise provided.
Furthermore, the franchisee is obligated to return all manuals, records, correspondence, and instructions containing confidential information, trade secrets, or know-how related to the Brueggers Bagels system. They must also take necessary actions to cancel any assumed name registrations, email addresses, or domain name registrations that include "Bruegger's" or any other proprietary marks, providing evidence of compliance within five days of termination or expiration. Brueggers Bagels is appointed as the attorney-in-fact to carry out these requirements if the franchisee fails to do so within the specified timeframe. Finally, the franchisee is prohibited from using any reproduction, counterfeit, copy, or imitation of the proprietary marks in connection with any other business that could cause confusion or dilute the rights of Brueggers Bagels.