What is the scope of Central Bark Doggy Day Care's approval of the premises for the franchised business?
Central_Bark_Doggy_Day_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee acknowledges that Franchisor must approve the site at which Franchisee operates the Franchised Business (the "Franchise Location"). Franchisee must select a site and sign a lease approved by Franchisor for the Franchise Location within one hundred twenty days (120) days after the date of this Agreement. Franchisee acknowledges and understands that Franchisor's engaging in site selection activities, Franchisor's suggestions, Franchisor's approval of the Franchise Location, and any information communicated to Franchisee regarding the Franchise Location do not constitute a representation or warranty of any kind, express or implied, as to the suitability of the Franchise Location for the Franchised Business or for any other purpose and shall in no way give rise to any liability of Franchisor with regard to the viability of any location selected. Franchisor's approval of the premises indicates only that Franchisor believes that the Franchise Location falls within the acceptable criteria established by Franchisor as of the time period encompassing the evaluation. Both Franchisee and Franchisor acknowledge that application of criteria that have been effective with respect to other sites and premises may not be predictive of potential for all sites and premises and that, subsequent to Franchisor's approval of a site and premises, demographic and/or economic factors, including competition from other canine care facilities, kennels, boarding services, grooming services, training services, and retail outlets, included in or excluded from Franchisor's criteria could change, thereby altering the potential of a site and premises. The uncertainty and instability of such criteria are beyond Franchisor's control, and Franchisor shall not be responsible for the failure of a site and premises approved by Franchisor to meet expectations as to potential revenue or operational criteria. Franchisee further acknowledges and agrees that Franchisee's acceptance of a franchise for the operation of the Franchised Business at the Franchise Location is based on Franchisee's own independent investigation of the suitability of the site.
The Franchise Location shall be used for no purpose other than the operation of the Franchised Business. Franchisee shall not assign Franchisee's lease or sublet the Franchise Location, or any portion of the Franchise Location, without the prior written consent of Franchisor.
Source: Item 23 — Receipts (FDD pages 53–106)
What This Means (2025 FDD)
According to Central Bark Doggy Day Care's 2025 Franchise Disclosure Document, the franchisor must approve the site where the franchisee will operate their Central Bark Doggy Day Care business. The franchisee is expected to select a site and secure a lease approved by Central Bark Doggy Day Care within 120 days of signing the franchise agreement. However, the franchisor's approval does not constitute a guarantee or warranty regarding the site's suitability or viability for the business.
Central Bark Doggy Day Care states that their approval only indicates that the location meets the company's criteria at the time of evaluation. The document makes clear that the criteria used for site selection may not accurately predict the potential of all locations. Demographic and economic factors can change, affecting a location's potential, and these factors are beyond the franchisor's control. Central Bark Doggy Day Care is not liable if an approved site fails to meet revenue or operational expectations.
The FDD emphasizes that the franchisee is responsible for independently investigating the suitability of the site before accepting the franchise. The franchisee can only use the location for operating the Central Bark Doggy Day Care business and cannot assign the lease or sublet the location without prior written consent from Central Bark Doggy Day Care. This indicates that while Central Bark Doggy Day Care has approval rights, the onus is on the franchisee to ensure the location is appropriate for their business needs.