Can Buff City Soap reject a site I select?
Buff_City_Soap Franchise · 2025 FDDAnswer from 2025 FDD Document
We do not select the site for your Franchised Business. You will have responsibility for selecting the site for your location and submitting information on the site approval form we include in the Manuals. The proposed site must comply with our site selection criteria, which depending on your market, includes demographic characteristics; traffic patterns; parking; character of neighborhood; competition from, proximity to, and nature of other businesses; other commercial characteristics; and the proposed site's size, appearance, and other physical characteristics. We have the right to accept or reject the site you select based on our analysis of how each of these criteria in your particular market enhance our brand awareness and goodwill. We will not unreasonably withhold our acceptance of a site that meets our criteria in your particular market for demographic characteristics; traffic patterns; parking; character of neighborhood; competition from, proximity to, and nature of other businesses; other commercial characteristics; and the proposed site's size, appearance, and other physical characteristics. In determining whether to accept or reject a proposed site, we also may consider the site's proximity to both boundaries of the Protected Area and to other existing or proposed Studios located outside the Protected Area boundaries. If we do not accept the proposed site within a 30-day period, the proposed site will be deemed rejected. The factors for site consideration may change after you sign a Development Agreement and before you submit each proposed site under a Development Agreement. We have no obligation to provide any assistance in locating a site, negotiating the lease, conforming the premises to local codes and ordinances, obtaining permits, constructing, remodeling or decorating, hiring and training employees (except for the training we provide described in training below), or providing for necessary equipment, signs, fixtures, opening inventory and supplies. You must propose a site within 60 days after the effective date of the Franchise Agreement and acquire the right to occupy the site within 30 days after our approval of the site. The grant of any extension of time to complete this phase of pre-opening is at our sole discretion. If you fail to acquire the right to obtain an approved site within 30 days following our approval, we may terminate your Franchise Agreement without giving you any time to cure. (Franchise Agreement, Section 5(d))
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 35–42)
What This Means (2025 FDD)
According to Buff City Soap's 2025 Franchise Disclosure Document, franchisees are responsible for selecting their business location. However, Buff City Soap retains the right to either accept or reject the proposed site.
The proposed site must meet Buff City Soap's criteria, which includes factors like demographic characteristics, traffic patterns, parking availability, the nature of the neighborhood, competition, proximity to other businesses, and the site's physical attributes. Buff City Soap states that it will not unreasonably withhold acceptance of a site that meets its criteria for these factors in the franchisee's particular market. Buff City Soap may also consider the site's proximity to the Protected Area boundaries and other existing or proposed Buff City Soap locations.
If Buff City Soap does not make a decision regarding the proposed site within 30 days, the site is considered rejected. The site selection criteria may also change between the signing of the Development Agreement and the submission of the site proposal. While Buff City Soap provides advice and consultation during site selection, it is not obligated to assist with locating a site, negotiating the lease, conforming the premises to local codes, obtaining permits, construction, remodeling, hiring, or providing necessary equipment and supplies. The franchisee must propose a site within 60 days after the Franchise Agreement's effective date and secure the right to occupy it within 30 days after Buff City Soap's approval. Failure to do so may result in the termination of the Franchise Agreement.