What representation do I make regarding the reasonableness of the Development Schedule for Chop5 Salad Kitchen?
Chop5_Salad_Kitchen Franchise · 2024 FDDAnswer from 2024 FDD Document
- 4.1. Development Schedule. You must develop, open and operate all Restaurants listed in the Development Schedule. You must develop and open each Restaurant in strict compliance with the opening dates set forth in the Development Schedule. We may, in our sole discretion, extend one or more opening dates listed in the Development Schedule if you demonstrate to our satisfaction that you used best efforts to comply with the opening date and the need for the extension is due to unforeseeable delays rather than your lack of diligence or funding. The opening date listed in the Development Schedule for a given Restaurant may be earlier than the opening date required under the terms of the associated Franchise Agreement. In order to comply with the Development Schedule you must open each Restaurant by the opening date listed in the Development Schedule even if such date is earlier than the opening date required by the associated Franchise Agreement.
- 4.2. Site Selection. You must select a specific site within the Development Territory for each Restaurant in compliance with our then-current site selection criteria. Each site you select is subject to our prior approval in accordance with the applicable Franchise Agreement.
- 4.3. Franchise Agreements. You must sign a separate Franchise Agreement for each Restaurant. You must sign the Initial Franchise Agreement for your first (1st) Restaurant at the time you sign this Agreement. We will not review proposed sites for a Restaurant until you sign the applicable Franchise Agreement for that Restaurant. Each Franchise Agreement shall be our then-current form of CHOP5 Salad Kitchen Franchise Agreement, the terms of which may vary materially and substantially from the terms of the Initial Franchise Agreement; provided, however, that the royalty fee will not exceed that imposed under the Initial Franchise Agreement. The development fee paid pursuant to §5 shall be deemed to include and satisfy the initial franchise fee imposed under each Franchise Agreement you sign for a Restaurant identified in the Development Schedule. You have no right to construct or operate a Restaurant until the parties have signed the Franchise Agreement and all ancillary agreements for that Restaurant. You must develop, open and operate each Restaurant in compliance with the Franchise Agreement and the Manual.
Source: Item 23 — RECEIPT (FDD pages 50–178)
What This Means (2024 FDD)
According to the 2024 Chop5 Salad Kitchen FDD, as an area developer, you must develop, open, and operate all restaurants as listed in the Development Schedule. You must strictly adhere to the opening dates outlined in the Development Schedule.
Chop5 Salad Kitchen may, at its discretion, extend one or more opening dates if you demonstrate that you used your best efforts to comply with the original date, and the need for an extension is due to unforeseeable delays rather than a lack of diligence or funding on your part. The opening date listed in the Development Schedule for a restaurant may be earlier than the opening date required under the terms of the associated Franchise Agreement.
To comply with the Development Schedule, you must open each Chop5 Salad Kitchen restaurant by the date listed, even if that date is earlier than the opening date required by the associated Franchise Agreement. You are also responsible for selecting a specific site within the Development Territory for each restaurant, in compliance with Chop5 Salad Kitchen's then-current site selection criteria, and each site is subject to their prior approval. You must sign a separate Franchise Agreement for each restaurant, with the Initial Franchise Agreement for your first restaurant signed at the same time as the Area Development Agreement. Chop5 Salad Kitchen will not review proposed sites until the Franchise Agreement for that restaurant is signed. You have no right to construct or operate a restaurant until the parties have signed the Franchise Agreement and all ancillary agreements for that restaurant. You must develop, open and operate each Restaurant in compliance with the Franchise Agreement and the Manual.