Can Brueggers Bagels franchise or license others to operate outlets at Non-Traditional Locations under the Bruegger's name within a franchisee's Protected Area?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
- 1.6.2. To own, acquire, establish, operate, and franchise or license others to operate outlets at Non-Traditional Locations under the Bruegger's name or any other name, whether inside or outside of the Development Area. "Non-Traditional Location" means a facility where the primary function is not a Bakery business, such as (but not limited to) a performing arts center, arena, stadium, shopping mall, department store, retail store, wholesale club, grocery store, supermarket, casino, amusement park, fairground, college or university, factory, hospital, penal institution, military base, airport, turnpike, limited access highway rest stop, or other transportation facility;
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
According to the 2025 Brueggers Bagels Franchise Disclosure Document, Brueggers Bagels retains the right to franchise or license others to operate outlets at Non-Traditional Locations under the Bruegger's name, whether inside or outside of a franchisee's Development Area. A "Non-Traditional Location" is defined as a facility where the primary function is not a Bakery business, examples include performing arts centers, arenas, stadiums, shopping malls, and more.
This means that even if a franchisee has a protected area, Brueggers Bagels can still establish or franchise Non-Traditional Locations within that area. This could potentially lead to competition within a franchisee's territory, although these locations are intended to be in venues where a full-service bakery is not the primary focus.
This clause is important for prospective franchisees to consider, as it clarifies the extent of the territorial protection offered by Brueggers Bagels. While a franchisee may have some territorial protection, Brueggers Bagels retains the right to expand through Non-Traditional Locations, which could impact the franchisee's business. Franchisees should carefully evaluate the potential impact of this clause on their investment and discuss any concerns with Brueggers Bagels before signing the agreement.