What constitutes the 'System' that Brueggers Bagels franchisees will be operating under?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
. | LIMITATIONS ON CLAIMS AND DAMAGES 18 | | | 22. | ACKNOWLEDGMENTS 19 EXHIBIT A – DEVELOPMENT AREA EXHIBIT B – DEVELOPMENT SCHEDULE EXHIBIT C – DISCLOSURE OF OWNERSHIP INTERESTS (DEVELOPER) EXHIBIT C-1 DISCLOSURE OF OWNERSHIP INTERESTS (OPERATING ENTITY) (IF APPLICABLE) EXHIBIT D – GUARANTY & UNDERTAKING EXHIBIT E – FORM OF AGREEMENT REGARDING LEASED LOCATION BY TENANT EXHIBIT F – CONFIDENTIALITY AND NON-COMPETITION AGREEMENT EXHIBIT G – DISCLOSURE ACKNOWLEDGEMENT STATEMENT | | EXHIBIT H – LIABILITY WAIVER
BRUEGGER'S DEVELOPMENT AGREEMENT
| THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into on | |||
|---|---|---|---|
| between BRUEGGER'S FRANCHISE CORPORATION, a Delaware corporation ("Franchisor," "we," or | "us"), and, a, with its principal place of business at ("Developer" or "you"). |
BACKGROUND
- A. We and our affiliates, through significant expenditures of time, skill and money, have developed a proprietary system relating to the preparation and promotion of distinctive bagels, baked goods, and cream cheese and the establishment and operation of restaurants specializing in the sale of the bagels, baked goods, cream cheese, sandwiches, soups, salads, and other food and beverage items (the "System").
- B. The distinguishing characteristics of the System include bagels, baked goods, cream cheese products and other food and beverage items prepared in accordance with secret and proprietary recipes and manufacturing processes owned by us and our affiliates; distinctive exterior and interior Bakery design, décor, color scheme, fixtures, and furnishings; standards and specifications for ingredients, food preparation, equipment, supplies, and Bakery operations, as well as uniform standards, specifications, methods, policies and procedures for Bakery operations, proprietary inventory and management control, training and assistance;
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
According to Brueggers Bagels' 2025 Franchise Disclosure Document, the 'System' that franchisees will operate under is a proprietary system developed through significant investments of time, skill, and money. This system is centered around the preparation and promotion of distinctive bagels, baked goods, and cream cheese, as well as the establishment and operation of restaurants specializing in these items, along with sandwiches, soups, salads, and other food and beverage offerings.
The distinguishing characteristics of the Brueggers Bagels System include the use of secret and proprietary recipes and manufacturing processes for bagels and cream cheese products. It also encompasses a distinctive exterior and interior bakery design, décor, color scheme, fixtures, and furnishings. Furthermore, the System includes standards and specifications for ingredients, food preparation, equipment, supplies, and bakery operations. Franchisees must adhere to uniform standards, specifications, methods, policies, and procedures for bakery operations, as well as utilize proprietary inventory and management control systems. Training, assistance, and advertising and promotional programs are also integral components of the System.
Brueggers Bagels identifies its System and the restaurants operating under it (referred to as "Bakeries") through specific trade names, service marks, trademarks, logos, emblems, and other indicators of origin. These include, but are not limited to, the marks "Bruegger's" and "Bruegger's Bagels," as well as any other trade names, service marks, and trademarks that Brueggers Bagels may designate for use in connection with the System. The franchise agreement grants rights to use the Proprietary Marks and the System, but franchisees cannot sub-franchise these rights to others.