What must the Licensee do regarding the operation of the Brueggers Bagels bakery after opening?
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. 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.
- (f) Licensee shall make no material alterations or additions to the premises of the Bakery nor shall Licensee make material replacements, alterations or additions to the equipment, fixtures or signs of the Bakery without the prior written approval by Licensor.
- (g) The location of the Bakery approved by Licensor in accordance herewith shall be used solely for the purpose of conducting a Bakery.
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
According to Brueggers Bagels's 2025 Franchise Disclosure Document, after opening a bakery, the Licensee must keep the bakery open during the minimum hours and days specified by Brueggers Bagels, as long as it is permitted by law and the Lessor. The Licensee must operate the business continuously and without interruption from the opening date, utilizing the facility fully for its business, unless the facility becomes untenable due to fire, casualty, repairs, remodeling, Force Majeure, or other unavoidable interruptions.
The Licensee is responsible for maintaining the condition and appearance of the bakery premises in accordance with Brueggers Bagels's standards. This includes performing necessary maintenance to keep the bakery looking good and operating efficiently, such as replacing worn-out fixtures and signs, repairing the interior and exterior, and updating equipment. If Brueggers Bagels determines that the bakery's condition or appearance does not meet their standards, they will notify the Licensee, who must then take action to correct the deficiency. Failure to initiate maintenance within ten days of notice or to continue a program to complete required maintenance can result in a material default and potential termination of the License Agreement, unless such maintenance is impractical due to Force Majeure.
The Licensee must offer for sale all menu items and other food and beverage products authorized by Brueggers Bagels, and must not offer any unauthorized items or use the bakery for any purpose other than operating a Brueggers Bagels bakery. All menu items must be prepared by properly trained personnel according to Brueggers Bagels's recipes and standards, and sold at retail to customers in accordance with the marketing plan. Licensee must use proprietary packaging provided by Licensor to service bagels, sandwiches, salads, coffee, beverages, and other food items, as well as bags for "take out." Licensee must require its employees to use proprietary uniforms provided by Licensor.
The Licensee is also restricted from making material alterations or additions to the bakery premises or its equipment without prior written approval from Brueggers Bagels. The approved location must be used solely for conducting a bakery. Licensees 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. All advertising and promotional materials, packaging, signs, decorations, websites, and other items that Brueggers Bagels may specify, must bear the Proprietary Marks in the form, color, size, and location they prescribe.
These requirements ensure that all Brueggers Bagels locations maintain a consistent brand image and quality, which protects the brand's reputation and customer expectations. Franchisees need to be prepared to invest in ongoing maintenance and adhere strictly to Brueggers Bagels's operational standards and menu offerings to remain in compliance with the License Agreement.