factual

What rights must a Chatime developer hold for the premises at all Outlets?

Chatime Franchise · 2025 FDD

Answer from 2025 FDD Document

3.4 Lease of Site of Each Outlet

  • (1) Developer must hold the lease or other Occupancy Right approved by Franchisor for the premises at all Outlets or have step-in rights approved by Franchisor;
  • (2) Franchisee must obtain a Lease Addendum, signed by Franchisee, Franchisor, and the Landlord, in the form required under the unit Franchise Agreement, which gives the Franchisor the option but not the obligation to assume the Lease if the Franchisee defaults on the Lase, and which requires the Landlord to give written notice to the Franchisor of any defaults by the Franchisee..
  • (3) Unless prohibited by law or commercially impractical (which must be demonstrated to Franchisor) Developer must ensure that all leases, subleases, licenses, or other documents granting an occupancy right to Developer, include a provision which permits Developer's rights under such leases, subleases, licenses, or other documents to be assigned or otherwise transferred to Franchisor or its nominee, at Franchisor's option, on termination or expiration of this Agreement.

Source: Item 23 — Receipts (FDD pages 58–262)

What This Means (2025 FDD)

According to Chatime's 2025 Franchise Disclosure Document, a developer must hold the lease or other Occupancy Right approved by Chatime for the premises at all Outlets, or have step-in rights approved by Chatime. The Occupancy Right is defined as any right to occupy the premises of an Outlet including as lessee, sublessee, licensee, or the holder of some other interest in the premises conferring an enforceable right to use or occupy them.

Furthermore, the franchisee must obtain a Lease Addendum, signed by the franchisee, Chatime, and the Landlord, in the form required under the unit Franchise Agreement. This addendum gives Chatime the option, but not the obligation, to assume the lease if the franchisee defaults on the lease. It also requires the Landlord to give written notice to Chatime of any defaults by the franchisee.

Unless prohibited by law or commercially impractical (which must be demonstrated to Chatime), the developer must ensure that all leases, subleases, licenses, or other documents granting an occupancy right to the developer include a provision which permits the developer's rights under such leases, subleases, licenses, or other documents to be assigned or otherwise transferred to Chatime or its nominee, at Chatime's option, on termination or expiration of this Agreement. This ensures Chatime has control over the locations of its franchises and can maintain operations even if a franchisee defaults or the agreement is terminated.

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.