What materials must a Carvel franchisee provide to evaluate the suitability of a proposed location?
Carvel Franchise · 2025 FDDAnswer from 2025 FDD Document
- 5.3 Acceptance of Proposed Location. If you and we have agreed on an Accepted Location at the time we sign this Agreement, we will insert the Accepted Location into Schedule A. If you and we have not agreed on an Accepted Location at the time we sign this Agreement, you will select a Proposed Location that complies with our site selection criteria within the Site Selection Area. You will provide us with all material we request to evaluate the suitability of the Proposed Location for your Franchised Business along with a site plan for the Proposed Location. We will provide you with our acceptance or non-acceptance of the Proposed Location within 15 days after you deliver the last item of materials we request, and our determination will be final. If we accept the Proposed Location as the Accepted Location, you must sign standard documentation we prepare, which includes a general release, to document the Accepted Location. Our acceptance of any Proposed Location is our agreement that the Proposed Location satisfies our minimum site
selection criteria only and will not be construed as a representation or warranty that the Franchised Business located at the Proposed Location will be successful.
5.4 Site Acquisition.
- A.
Acceptance and Execution of Site Agreement.
You must deliver a copy of the signed lease, sublease, or other rental agreement for the location (the "Lease") or purchase agreement for the location (the "Purchase Agreement" and, collectively with the Lease, the "Site Agreement") to us with all material terms specified therein, and any other additional documents you were required to sign with the Site Agreement, either: (i) after we sign this Agreement if we have identified the Accepted Location before we sign this Agreement, or (ii) immediately following the date we accept the location after we sign this Agreement.
Source: Item 23 — Receipts (FDD pages 100–353)
What This Means (2025 FDD)
According to Carvel's 2025 Franchise Disclosure Document, if a franchisee and Carvel have not agreed on a location when signing the Franchise Agreement, the franchisee must select a Proposed Location within the Site Selection Area that meets Carvel's site selection criteria. To enable Carvel to evaluate the location's suitability, the franchisee must provide all requested materials, including a site plan for the Proposed Location. Carvel will then provide its acceptance or non-acceptance within 15 days of receiving the last item of requested materials, and this decision is final.
It's important to note that Carvel's acceptance of a Proposed Location only signifies that it meets the minimum site selection criteria. This acceptance should not be interpreted as a guarantee or warranty of the Franchised Business's success at that location. The franchisee is responsible for their own investigation of any Proposed Location and should not rely solely on information provided by Carvel.
Furthermore, the franchisee must deliver a copy of the signed lease, sublease, or other rental agreement (referred to as the "Lease") or purchase agreement (referred to as the "Purchase Agreement," and collectively with the Lease, the "Site Agreement") to Carvel. This must include all material terms specified in the agreement, along with any other additional documents the franchisee was required to sign with the Site Agreement. The timing of this delivery depends on whether the Accepted Location was identified before or after signing the Franchise Agreement. If the location was identified before signing, the Site Agreement must be delivered after signing the Franchise Agreement. If the location is accepted after signing the Franchise Agreement, the Site Agreement must be delivered immediately following the date of acceptance.