How should a Brueggers Bagels licensee conduct its operations at the Bakery?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
tures and equipment for the Units and that Licensee shall not hold Licensor responsible for any delays caused by such third parties.
6.3. Opening and Operation of Bakery.
- (a) Except as otherwise provided in this Agreement, Licensee shall fully comply with all requirements set forth in this Agreement, the Manuals and other written policies supplied to Licensee by Licensor.
- (b) Licensee shall commence operation of the Bakery no later than ____________________, or the date Licensee begins any other food and beverage operations under the Lease, whichever is sooner. Prior to the Opening Date, Licensee shall have (i) successfully completed all required training; (ii) procured all necessary licenses, permits, and approvals, including, but not limited to, construction permits; (iii) hired and trained personnel; (iv) made all leasehold improvements; and (v) acquired initial inventory. If Licensee for any reason fails to commence operation as herein provided, unless Licensee is precluded from doing so by Force Majeure (as defined below), such failure shall be considered a material default and Licensor may terminate this Agreement as herein provided. Licensor will provide Licensee with on-site support for a period of one (1) week commencing with the Grand Opening of the Bakery, at no additional cost to Licensee.
- (c) Licensee shall keep the Bakery open and in normal operation for the minimum hours and days specified by Licensor, as permitted by applicable laws and the Lessor. Licensee shall, continuously and uninterruptedly from and after the Opening Date, operate and conduct within the Facility the business which it is permitted to operate and conduct under the provisions hereof, except while the Facility is untenable by reason of fire or other casualty, repairs, remodeling, Force Majeure or other unavoidable interruptions, and that it shall fully utilize the Facility for its business at this location.
- (d) Force Majeure is defined as acts of God, strikes, lockouts or other industrial disturbances, war, riot, epidemic, fire or other natural catastrophe, terrorist acts or government actions resulting from terrorist acts, or other forces beyond Licensee's control which materially and adversely affect the condition or use of the Bakery or Facility premises for purposes of operating a Bruegger's Bakery.
- (e) Licensee shall maintain the condition and appearance of the premises of the Bakery consistent with Licensor's Standards. Subject to the approval of the Lessor, Licensee shall effect such maintenance of the Bakery as is from time to time reasonably required to maintain or improve the appearance and efficient operation of the Bakery including but not limited to replacement, of worn out or obsolete fixtures and signs, repair of the exterior and interior of the premises of the Bakery and purchasing and installation of new or modified equipment. 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.
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
According to Brueggers Bagels' 2025 Franchise Disclosure Document, a licensee must operate their bakery within certain guidelines and standards set by the franchisor. The licensee is required to keep the bakery open during the minimum hours and days specified by Brueggers Bagels, provided it is permitted by law and the lessor. The licensee must continuously operate the business from the opening date, fully utilizing the facility, unless interruptions occur due to events like fire, repairs, or unavoidable circumstances.
The licensee is responsible for maintaining the condition and appearance of the bakery to meet Brueggers Bagels' standards. This includes performing necessary maintenance and improvements, such as replacing fixtures and repairing the premises, subject to the lessor's approval. If Brueggers Bagels identifies any deficiencies in the bakery's condition or appearance, they will notify the licensee, who must then initiate corrective actions within ten days. Failure to do so can result in a default of the License Agreement.
Furthermore, the licensee must sell all menu items and food and beverage products authorized by Brueggers Bagels, and cannot sell any unauthorized items. All menu items must be prepared by trained personnel according to Brueggers Bagels' recipes and standards, and sold in accordance with the franchisor's marketing plan. The licensee must also prominently display a notice indicating that the bakery is independently owned and operated as a Brueggers Bagels licensee, not as an agent of the franchisor. The licensee must operate and advertise the Bakery only under the names "Bruegger's" and "Bruegger's Bagels", and use all Proprietary Marks without prefix or suffix, and not use the Proprietary Marks as part of your corporate or legal name.