What are the maintenance obligations for a Brueggers Bagels franchisee regarding the condition of the premises and adjacent public areas?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
- (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' 2025 Franchise Disclosure Document, franchisees are responsible for maintaining the condition and appearance of the bakery premises in accordance with Brueggers Bagels' standards. This includes performing maintenance to keep the bakery looking good and operating efficiently, such as replacing worn-out fixtures and signs, repairing the interior and exterior, and installing new or modified equipment, subject to the approval of the Lessor.
If Brueggers Bagels determines that the bakery's condition, appearance, equipment, fixtures, signs, or décor do not meet their standards, they will notify the franchisee, specifying the necessary corrective actions. The franchisee must begin the required maintenance within ten days of receiving the notice and continue the program until completion. Failure to do so is considered a material default and may result in the termination of the Franchise Agreement.
The franchisee's obligation to maintain the premises is suspended during periods when maintenance is impractical due to events outside of their control. Franchisees cannot make material alterations or additions to the premises, equipment, fixtures, or signs without prior written approval from Brueggers Bagels. The approved bakery location must be used solely for operating a Brueggers Bagels bakery.