If a Brueggers Bagels franchisee abandons the Bakery, what constitutes abandonment?
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, a franchisee will be considered to have abandoned their Bakery if they cease to operate the Bakery for two consecutive business days during which they are required to be open. This abandonment can trigger termination of the franchise agreement unless the franchisee has obtained prior written consent from Brueggers Bagels to close the Bakery temporarily.
Additionally, a franchisee's loss of the right to possess the premises or forfeit the right to conduct business in the jurisdiction where the premises are located also constitutes abandonment. This could occur due to eviction, failure to renew a lease, or loss of required business licenses.
It is important to note that if the premises are damaged or destroyed through no fault of the franchisee, and repairs or reconstruction cannot be completed within 60 days, the franchisee has 30 days after the event to apply for approval to relocate or reconstruct the Bakery. Brueggers Bagels's approval for relocation or reconstruction will not be unreasonably withheld, providing some flexibility in cases of unforeseen circumstances.