What must the lessor provide to Brueggers Bagels regarding notices of deficiency under the lease?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
If at any time in Licensor's judgment the general state of repair or the appearance of the premises of the Bakery or its equipment, fixtures, signs or décor does not meet Licensor's Standards, Licensor shall so notify Licensee, specifying the action to be taken by Licensee to correct such deficiency.
If Licensee fails or refuses to initiate such maintenance within ten (10) days after receipt of such notice, and thereafter also fails or refuses to continue a bona fide program to complete any required maintenance, such failure or refusal shall be considered a material default and Licensor may terminate this Agreement as herein provided.
Licensee's
obligation to initiate and continue any required maintenance shall be suspended during any period in which such maintenance is impractical due to Force Majeure.
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
The 2025 Brueggers Bagels Franchise Disclosure Document outlines the procedure for addressing deficiencies in the condition of the premises. If Brueggers Bagels believes the condition or appearance of the bakery premises, equipment, fixtures, signs, or décor does not meet its standards, it will notify the franchisee, specifying the actions needed to correct the deficiency.
If the franchisee fails to begin the required maintenance within 10 days of receiving notice and does not continue a good-faith effort to complete the maintenance, it will be considered a material default, potentially leading to termination of the agreement. The franchisee's obligation to maintain the premises is suspended during events of Force Majeure.
This section focuses on the franchisee's responsibilities to maintain standards, and the franchisor's right to enforce those standards through notification and potential termination. It does not specify any obligations of the lessor (landlord) to provide notices of deficiency to Brueggers Bagels. A prospective franchisee should seek clarification from Brueggers Bagels regarding whether the landlord has any obligations to notify either the franchisee or franchisor of any deficiencies under the lease agreement.