What is the Chocolate Bash franchisee's responsibility regarding the premises of the site?
Chocolate_Bash Franchise · 2024 FDDAnswer from 2024 FDD Document
Before you open your business:
- A. Your site. We will review and advise you regarding potential locations that you submit to us. (Section 5.4). If you sign a Multi-Unit Development Agreement, we will approve the location of future sites and territories for those sites, and our then-current standards for sites and territories will apply. We are not obligated to further assist you in locating a site or negotiating the purchase or lease of the site.
- (i) We generally do not own your premises.
- (ii) If your site is not already known and approved by us when you sign your franchise agreement, then we and you will specify in your franchise agreement the area in which you must select a site (Franchise Agreement, Summary Page). We do not select your site. Your site is subject to our approval. To obtain our approval, you must provide all information and documents about the site that we require.
- (iii) The factors we consider in approving sites are general location and neighborhood, competition, trade area demographics, traffic patterns, parking, size, physical characteristics of existing buildings, and lease terms.
- (iv) The time limit for us to approve or disapprove your proposed site is 30 days after you submit all of our required documents and information. (Section 6.1). If we and you cannot agree on a site, you will be unable to comply with your obligation to develop and open the franchise by the deadline stated in the franchise agreement. Unless we agree to extend the deadline, you will be in default and we may terminate your franchise agreement.
- (v) We are not obligated to assist you in conforming the premises of your site to local ordinances and building codes and obtaining any required permits. This will be your responsibility.
- B. Constructing, remodeling, or decorating the premises. We will provide you with a set of our standard building plans and specifications and/or standard recommended floor plans, and our specifications for required décor. (Section 5.4)
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 19–25)
What This Means (2024 FDD)
According to the 2024 Chocolate Bash Franchise Disclosure Document, franchisees are primarily responsible for selecting and conforming their site to local regulations. Chocolate Bash will review and advise on potential locations submitted by the franchisee. However, the final decision on the site rests with the franchisee, and it is subject to Chocolate Bash's approval based on factors like location, competition, demographics, traffic, parking, size, building characteristics, and lease terms. Chocolate Bash does not select the site for the franchisee. The franchisee and Chocolate Bash will specify the area in which the franchisee must select a site in the franchise agreement.
The franchisee is responsible for ensuring the premises comply with local ordinances and building codes, as well as obtaining any required permits. Chocolate Bash is not obligated to assist with this aspect of site preparation. Chocolate Bash will provide standard building plans, specifications, and recommended floor plans, along with décor specifications to assist with constructing, remodeling, or decorating the premises.
If Chocolate Bash and the franchisee cannot agree on a site, the franchisee may be unable to meet the opening deadline specified in the franchise agreement, potentially leading to default and termination of the agreement, unless an extension is granted. This highlights the importance of thorough site research and clear communication with Chocolate Bash during the site selection process. Franchisees should confirm the site approval process and criteria with Chocolate Bash to avoid delays or potential conflicts.