What attachments to the Cicis franchise agreement define the location and protected area?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
(1) Your Restaurant may be developed and operated only at a location upon which you and we agree, in writing (the "Location"). If you and we have agreed upon the Location when this Agreement is executed, it is identified on Attachment A hereto. If you and we have not yet agreed upon the Location, it is your responsibility to secure our agreement as to your Location within 120 days following the Effective Date. You must, at your expense, find and propose to us a location within the geographic area described on Attachment A ("Designated Area") that you believe meets our then-current site criteria and to submit any information about the location that we request in order to assess your proposal. We may, but will not be required to, conduct an on-site inspection of your proposed location. Should we elect to do so, we will not charge you a fee for conducting the inspection, but you must reimburse all costs and expenses we incur in connection with the
inspection. If you choose to continue to pursue a proposed location and we determine that it is appropriate to conduct another on-site inspection, we reserve the right to charge a fee for, and you will reimburse us the costs and expenses associated with, each such inspection.
- (2) If you and we agree after the Effective Date that your proposed location will be the Location, you and we will identify it on Attachment A-1 hereto and will indicate on that attachment (a) whether your Restaurant will be operated as a Cicis Buffet Restaurant or as a Cicis To Go Restaurant, and (b) your Restaurant's Protected Area (defined below).
You must sign and deliver to us Attachment A-1 within five (5) days of its delivery to you, failing which, we may revoke our acceptance of the proposed location.
If you and we are unable to agree upon the proposed location, the type of Cicis Restaurant that will be developed, and the Protected Area, you must locate and propose to us a different location within the Designated Area.
This Agreement does not grant you any exclusivity with respect to the Designated Area.
Our willingness to agree to your proposed Location means only that it meets the criteria that we have established solely for our own purposes, which may be different than your own.
Even if we have suggested or assisted you in finding the Location, you may not rely upon our agreement regarding the Location as our representation, promise, warranty, or guarantee that your Restaurant will be profitable or otherwise successful, that the Location satisfies your own requirements, or for any other purpose whatsoever.
- (3) We agree that, except as provided in this Agreement and subject to your full compliance with this Agreement and any other agreement between you or your affiliates and us or our affiliates, we and our affiliates will not, during the Term, establish, or authorize any Person other than you to establish, a Cicis Restaurant identified by the Marks within the area identified on Attachment A or Attachment A-1, as applicable (the "Protected Area").
Source: Item 22 — CONTRACTS (FDD pages 64–65)
What This Means (2025 FDD)
According to Cicis's 2025 Franchise Disclosure Document, the attachments to the franchise agreement that define the location and protected area depend on whether the location is known when the agreement is executed. If the location is agreed upon when the franchise agreement is signed, Attachment A identifies the location. If the location is determined after the agreement is signed, Attachment A-1 will identify the location and protected area. Attachment A-1 also indicates whether the restaurant will be a Cicis Buffet Restaurant or a Cicis To Go Restaurant. A map of the protected area is attached to either Attachment A or A-1, depending on when the location is identified.
Attachment A-1 requires the franchisee to sign and deliver the attachment to Cicis within five days of receiving it. Failure to do so allows Cicis to revoke acceptance of the proposed location. If the franchisee and Cicis cannot agree on the proposed location, restaurant type, and protected area, the franchisee must propose a different location within the designated area.
The agreement specifies that Cicis's approval of a location only means it meets their criteria and is not a guarantee of profitability or suitability for the franchisee's needs. The franchisee cannot rely on Cicis's agreement as a representation or warranty of success. Cicis retains rights outside the protected area, including establishing Cicis Restaurants and other food service facilities.
It is important for a prospective Cicis franchisee to carefully review Attachments A and A-1 to fully understand the defined location and protected area, as well as the conditions and limitations associated with them. Franchisees should also note that Cicis has rights to operate other concepts and channels of distribution even within the protected area.