Can a Cinnaholic franchisee establish a Bakery at any location within their Area of Responsibility if the location is in another franchisee's franchise territory?
Cinnaholic Franchise · 2025 FDDAnswer from 2025 FDD Document
The Development Agreement will specify an Area of Responsibility within which you will focus your development efforts. Under the Development Agreement, you are not granted a territory, exclusive or otherwise, within which to develop your Bakery(s). Under the Development Agreement, we will determine or approve the location of future units and any territories for those units, and the then-current standards for sites and territories will apply. You may establish a Bakery at any location within your Area of Responsibility provided that we consent to the location, which may be granted or withheld in our sole discretion, the location is in a state where we are permitted to sell CINNAHOLIC® franchises, and the location is not located in another franchisee's franchise territory or area of responsibility. We will notify you of those areas which have been assigned to franchisees, either as exclusive territories or areas of responsibility. We do not intend to grant a large number of franchise territories, although we intend to grant other franchisees areas of responsibility within which they will concentrate their development efforts. An area of responsibility is a geographic territory within which we expect you to concentrate your development efforts. You will have no exclusive territorial rights, protected territory or other rights to exclude, control or impose conditions on the location or development of other or future franchises under the Marks or on our activities, except as may be provided in an applicable Franchise Agreement. If you fail to meet your development schedule, we may terminate your Development Agreement. You will not receive an exclusive territory. You may face competition from other franchisees, from outlets that we own, or from other channels of distribution or competitive brands that we control.
Source: Item 12 — TERRITORY (FDD pages 36–37)
What This Means (2025 FDD)
According to Cinnaholic's 2025 Franchise Disclosure Document, a franchisee's ability to establish a bakery within their Area of Responsibility is contingent upon several factors. Specifically, a Cinnaholic franchisee cannot establish a Bakery at a location within their Area of Responsibility if that location is already within another franchisee's franchise territory or area of responsibility.
Cinnaholic requires that the franchisor consents to the location, which may be granted or withheld at their sole discretion. Additionally, the location must be in a state where Cinnaholic is permitted to sell franchises. Cinnaholic will notify franchisees of areas that have been assigned to other franchisees, either as exclusive territories or areas of responsibility.
This policy ensures that Cinnaholic maintains control over franchise locations and prevents conflicts between franchisees. It is important for prospective franchisees to understand that while they may have an Area of Responsibility, the final decision on location rests with Cinnaholic, and they must avoid encroaching on existing territories. This also means that Cinnaholic franchisees may face competition from other franchisees, from outlets that Cinnaholic owns, or from other channels of distribution or competitive brands that Cinnaholic controls.