Under what circumstances is a Brueggers Bagels Licensee excused from continuously operating the Bakery?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
- (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.
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.
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
According to Brueggers Bagels's 2025 Franchise Disclosure Document, a licensee is generally required to keep the bakery open and operating during the minimum hours and days specified by the franchisor, as permitted by law and the lessor. However, there are specific circumstances under which a Brueggers Bagels licensee is excused from this continuous operation requirement.
The License Agreement states that a licensee is not required to operate continuously if the facility is untenable due to fire or other casualty, necessary repairs or remodeling, events of Force Majeure, or other unavoidable interruptions. Force Majeure events are defined as acts of God, strikes, lockouts, war, riots, epidemics, fires, natural catastrophes, terrorist acts, or government actions resulting from terrorist acts, or other forces beyond the licensee's control that materially and adversely affect the condition or use of the bakery premises.
This means that if unforeseen events occur that make it impossible or impractical to operate the Brueggers Bagels bakery, the licensee will not be in breach of contract for temporarily ceasing operations. However, the licensee should be prepared to provide evidence and documentation to support the claim that the interruption was indeed due to one of the listed causes. It is also important to note that the obligation to maintain the premises is suspended during any period in which such maintenance is impractical due to Force Majeure.