How is the Location of a Cicis restaurant determined according to the franchise agreement?
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").
(4) We and our affiliates have and retain all rights within and outside the Protected Area that are not expressly and exclusively granted to you under this Agreement and the right to do anything that we have not, in this Agreement, expressly agreed not to do, including the right to do and to authorize others to do the following: (i) establish and operate Cicis Restaurants identified by the Marks at any location outside the Protected Area, including locations that are adjacent or proximate to the Protected Area, (ii) establish and operate Cicis Restaurants identified by the Marks in any Reserved Area (defined below) whether within or outside the Protected Area, (iii) establish and operate restaurants under other trade names, service marks, and trademarks at any location within or outside of the Protected Area, (iv) establish and operate Cicis To Go Restaurants anywhere in world, including within the Protected Area, (v) offer and sell, anywhere in the world (including within the Protected Area) any similar or dissimilar products and services, whether identified by the Marks or by other trademarks, trade names or service marks, through any channel or by any method of distribution other than a full-service Cicis Restaurant (including by or through a Cicis To Go Restaurant, the Internet or similar electronic media), on any terms and conditions we deem appropriate, and (vi) acquire, be acquired by, merge with, affiliate with or engage in any transaction with other businesses (whether competitive or not) located anywhere and, even if such businesses are located in the Protected Area, (x) convert the other businesses to the Cicis brand and allow them to operate as part of the System, and/or (y) permit the other businesses to continue to operate under another name and incorporate one or more elements of the System.
Source: Item 22 — CONTRACTS (FDD pages 64–65)
What This Means (2025 FDD)
According to Cicis's 2025 Franchise Disclosure Document, the location of a Cicis restaurant is determined through a mutual agreement between the franchisee and Cicis. The franchisee is responsible for finding and proposing a location within a designated geographic area that meets Cicis's site criteria. This designated area is described on Attachment A of the Franchise Agreement. The franchisee must also submit any information about the location that Cicis requests to assess the proposal.
Cicis has the option, but not the obligation, to conduct an on-site inspection of the proposed location. While Cicis will not charge a fee for the initial inspection, the franchisee is responsible for reimbursing all costs and expenses Cicis incurs during the inspection. If the franchisee continues to pursue the location and Cicis deems another on-site inspection necessary, Cicis reserves the right to charge a fee for each subsequent inspection, with the franchisee again responsible for covering the associated costs and expenses.
If Cicis and the franchisee agree on a location after the effective date of the agreement, they will identify it on Attachment A-1. This attachment will also specify whether the restaurant will be a Cicis Buffet Restaurant or a Cicis To Go Restaurant, as well as the restaurant's protected area. The franchisee must sign and return Attachment A-1 within five days of receiving it; failure to do so may result in Cicis revoking its acceptance of the proposed location. If an agreement cannot be reached on the proposed location, restaurant type, and protected area, the franchisee must propose a different location within the designated area. Cicis's agreement to a proposed location only indicates that it meets the company's criteria, and it does not guarantee the restaurant's profitability or success.
The Franchise Agreement does not grant the franchisee any exclusivity within the designated area. Cicis retains all rights within and outside the protected area that are not expressly granted to the franchisee, including the right to establish and operate Cicis restaurants at any location outside the protected area and to operate restaurants under other trade names within or outside the protected area.