factual

What is the scope of the license granted to the licensee for operating a Brueggers Bagels Bakery within the Facility?

Brueggers_Bagels Franchise · 2025 FDD

Answer from 2025 FDD Document

This LICENSE AGREEMENT (the "Agreement") is made and entered into as of Franchise Corporation, (the "Effective Date") by and between Bruegger's
a Delaware corporation ("Licensor"), with an office at 1720 S. Bellaire St., Suite Skybox, Denver,
Colorado
80222, and, an
company
("Licensee"),
with
its
principal
place
of
business
at
, with respect to the following facts, to which the parties
agree:
A.
Licensor's affiliate, as the result of the expenditure of time, skill, effort and money
has developed and owns and Licensor is licensed to use, a distinctive system ("System") for the
operation of food service businesses engaged in the sale of bagels, bagel-related products,
cream cheese and other spreads, sandwiches, soups, salads, baked goods, breakfast items,
hot and cold beverages, teas, coffees and other food products and merchandise, each of which
operates under either the name "Bruegger's®" or "Bruegger's Bagels®" ("Bakeries").
B.
Licensor is authorized to use and sublicense the rights to use certain trademarks,
service marks, and logotypes, including the mark "Bruegger's®" or "Bruegger's Bagels®";
which, together with any future marks developed by or for the use of Licensor to be used in
connection with the Bakeries (collectively, the "Marks").
C.
The distinguishing characteristics of the System include, without limitation,
distinctive exterior and interior layout, design and color scheme; exclusively designed signage,
decorations, furnishings and materials; special recipes, formulae, menus and food and
beverage designations; and standards and specifications and procedures for the operation,
promotion and advertising of Bakeries and for the training of employees of Bakeries
("Standards").
D.
Licensee
is
a
principal
concessionaire
at
the
(""),
(the "Bakery Site") pursuant to the Lease by and
between ("Lessor") and Licensee (which, together with any amendments
thereto, is hereinafter referred to as the "Lease"), which authorizes Licensee to use the
premises at the ("Facility").
E.
The parties mutually desire that Licensor grant Licensee the right to operate and
manage a Bakery at the Facility, upon the terms and conditions set forth herein. As used in this
Agreement, the term "Facility" shall be limited to the food and beverage areas in which
Licensee's Bakery is located and shall not refer to other food service operations operated by
Licensee outside the Facility. As used in this Agreement, the term "Bakery" shall be limited to
the square footage occupied by the Bruegger's restaurant and shall not refer to other food
service operations within the Facility. References to "Lessor" herein are intended to refer only to
the Lessor pertaining to the and the Facility.
NOW,
THEREFORE,
in
consideration
of
the
mutual
promises,
covenants
and
representations contained herein, the receipt and sufficiency of which is hereby acknowledged,
along with the above recitals being incorporated in this Agreement, the parties, intending to be
legally bound hereby agree as follows:

1. GRANT OF LICENSE AND RIGHTS RESERVED

  • 1.1. Grant of License. In reliance on Licensee's representations that it has the sole right to operate and manage the food service operations in the Facility, Licensor grants to Licensee, and Licensee accepts, a license to use and display the Marks and utilize the System in connection with the operation of a Bakery within the Facility, upon the terms and subject to the provisions of this Agreement.

Source: Item 22 — CONTRACTS (FDD page 61)

What This Means (2025 FDD)

According to Brueggers Bagels' 2025 Franchise Disclosure Document, the license granted to the licensee allows them to use and display the Marks and utilize the System in connection with the operation of a Bakery within the Facility. This license is granted based on the licensee's representation that they have the sole right to operate and manage the food service operations in the Facility. As long as the licensee complies with the terms of the License Agreement, they have the sole right to operate and manage a Brueggers Bagels Bakery in the Facility during the term of the agreement.

However, Brueggers Bagels retains all other rights not expressly granted to the licensee. This includes the right to develop and operate, or grant others the right to develop and operate, Brueggers Bagels Bakeries at any other location. Brueggers Bagels also has the right to offer and sell, and license or franchise others to offer and sell, any products or services under marks other than the Marks at any location, including within or outside of the Facility.

Provided the Licensee is in compliance with the License Agreement in all material respects and makes commercially reasonable efforts to bid or develop additional Bruegger's locations in the Facility, then Brueggers Bagels agrees that during the Term, it will not develop and operate or grant any other person or entity the right to develop and operate a Bruegger's Bakery in the same Facility of the ________.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.
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