For Brueggers Bagels, what rights does the franchisor have to enter the premises to make modifications?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor may enter the Premises at any time to make modifications reasonably necessary to protect the System or the Proprietary Marks, as defined herein, provided that Franchisor may not (i) make any exterior or structural changes to the Premises other than the removal of any exterior signs of Tenant bearing Franchisor's Proprietary Marks, or (ii) remove from the Premises any fixtures or other personal property which Tenant is not entitled to remove from the Premises pursuant to the terms of the Lease.
Franchisor shall not enter and exercise any dominion or control over all or any part of the Premises for any other purpose unless Tenant's interest in the Lease has been assigned to Franchisor pursuant to an assignment document or under the terms of this Agreement, and Franchisor has assumed and agreed to perform all of Tenant's liabilities, duties, responsibilities and obligations under the Lease.
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
According to Brueggers Bagels's 2025 Franchise Disclosure Document, the franchisor has specific rights to enter a franchisee's premises to make modifications under certain conditions. Brueggers Bagels may enter the premises at any time to make modifications that are reasonably necessary to protect the 'System' or the 'Proprietary Marks'. The 'System' refers to the methods Brueggers Bagels uses for preparing and promoting their products. The 'Proprietary Marks' are the brand's trademarks, service marks, logos, and copyrights.
However, Brueggers Bagels is limited in the types of modifications they can make. They cannot make any exterior or structural changes to the premises, except for removing exterior signs bearing Brueggers Bagels's Proprietary Marks. Additionally, they cannot remove any fixtures or personal property that the franchisee is entitled to keep under the terms of their lease.
Brueggers Bagels is not allowed to enter the premises and exert control for any other reason unless the franchisee's interest in the lease has been assigned to Brueggers Bagels, and Brueggers Bagels has agreed to take on all of the franchisee's responsibilities under the lease. This ensures that the franchisee maintains control over their business and premises unless there is a formal agreement in place.