If a Brueggers Bagels franchisee's premises are damaged, how long does the franchisee have to reconstruct before it is considered 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, if the premises are damaged or destroyed through no fault of the franchisee, such that repairs or reconstruction cannot be completed within sixty days, the franchisee has thirty days after that event to apply for approval to relocate or reconstruct the bakery. This approval will not be unreasonably withheld by Brueggers Bagels.
This clause protects the franchisee from being immediately penalized if unforeseen circumstances, such as natural disasters or accidental damage, render the location unusable. The franchisee is given a reasonable amount of time to assess the situation and propose a solution, either by repairing the existing location or finding a new one.
It is important to note that the approval for relocation or reconstruction is subject to Brueggers Bagels's consent, although the FDD states that such approval will not be unreasonably withheld. A prospective franchisee should clarify the criteria Brueggers Bagels uses to evaluate such requests to fully understand their obligations and rights in such a scenario.