What are the specific obligations of a Cinnaholic franchisee regarding the payment of rent and other occupancy costs (Item 9), and how does this relate to the franchisor's lease approval process (Item 11)?
Cinnaholic Franchise · 2025 FDDAnswer from 2025 FDD Document
reholders, managers, members, partners, employees and agents; and (ix) Franchisee provides Franchisor with evidence that Franchisee has the right to remain in possession of the Franchised Site or to secure and develop a suitable alternative site acceptable to Franchisee for the renewal term.
3. FRANCHISED SITE AND TERRITORY
- 3.1. Franchised Site. The rights granted to Franchisee hereunder shall be non-exclusive and shall be restricted to the operation of a single CINNAHOLIC® Bakery to be located at the address and location set forth on Exhibit A attached hereto (the "Franchised Site"). During the term of this Agreement, the Franchised Site shall be used exclusively to operate a Bakery. In connection with the execution of any lease or sublease for the Franchised Site, Franchisee must execute, and cause the lessor and/or sublessor of the Franchised Site to execute, the Collateral Assignment of Lease attached to the Market Development Agreement entered into between Franchisor and Franchisee (the "Development Agreement"), in addition to complying with any other obligations and conditions contained in the Development Agreement relating to the lease or sublease of the Franchised Site and the development and construction of the Bakery. The rights granted to Franchisee are for the specific Franchised Site and cannot be transferred to any other location, except with Franchisor's prior written approval. After you sign a lease for the Franchised Site, you will pay us a Project Management Fee, currently $1,795, and we will assist you in developing your Bakery site but monitoring construction and build-out progress, attempting to identify potential bottlenecks, and otherwise help expedite pre-construction activities.
- 3.2. Territorial Protection. Franchisor will not establish for itself or grant a franchise to any other party to establish a Bakery within the territory specified on Exhibit A attached hereto (the "Franchise Territory"). Notwithstanding anything herein to the contrary, if any disagreement arises regarding the area comprising the Franchise Territory, then Franchisor's decision as to the definition of the Franchise Territory shall be final and binding. Except as expressly provided in the first sentence of this Section 3.2, Franchisee acknowledges that the franchise granted under this Agreement is non-exclusive and Franchisee has no territorial protection and Franchisee has no right to exclude, control or impose conditions on the location or development of other or future franchises under the Marks, or on any sales or distribution of products under the Marks or other business activities of Franchisor or any other party licensed to use the Marks.
3.3. Reservation of Rights. Franchisor retains the right, in its sole discretion, to:
- (i) Establish and operate, and grant to other franchisees or licensees the right to establish and operate, a CINNAHOLIC® Bakery or any other business using the Marks, the CINNAHOLIC® System or any variation of the Marks and the CINNAHOLIC® System, in any location outside the Franchise Territory, on any terms and conditions that Franchisor deems appropriate;
- (ii) Develop, use and franchise anywhere (including within the Franchise Territory) the rights to any trade names, trademarks, service marks, commercial symbols, emblems, signs, slogans, insignia, patents or copyrights not designated by Franchisor as Marks, for use with similar or different franchise systems for the sale of similar or different products or services than those constituting a part of the CINNAHOLIC® System, without granting Franchisee any rights therein;
- (iii) Offer, ship, sell and provide products or services identified by the Marks or other trademarks, service marks, commercial symbols or emblems to customers located in the Franchise Territory through any distribution channel or method, including grocery stores, convenience stores, Internet (or any other existing or future form of electronic commerce), and delivery services, irrespective of the proximity to the Bakery without compensation to Franchisee; provided, however, that any such sales will not be made from a CINNAHOLIC® Bakery located in the Franchise Territory;
What This Means (2025 FDD)
Based on the 2025 Cinnaholic Franchise Disclosure Document, franchisees have several obligations regarding the physical location of their bakery. Cinnaholic requires franchisees to operate solely from the Franchised Site, as specified in Exhibit A of their agreement. When securing a lease or sublease, franchisees must ensure that the lessor/sublessor also executes the Collateral Assignment of Lease, as part of the Market Development Agreement. After the lease is signed, Cinnaholic charges a Project Management Fee, currently $1,795, for assistance in developing the bakery site, including monitoring construction and expediting pre-construction activities. Franchisees must also provide evidence to Cinnaholic that they can maintain possession of the site for the renewal term or find an alternative site acceptable to Cinnaholic. These stipulations ensure Cinnaholic maintains control over the location and development of its franchises.
Cinnaholic also maintains strict control over the physical appearance and any modifications to the bakery. Franchisees cannot make any physical changes from the blueprint specifications or approved remodeling plans without express written approval from Cinnaholic. This includes the design, materials, and colors used in the premises. Cinnaholic can also request reasonable alterations to conform to current marketing and operating standards. Franchisees are required to paint the interior or exterior of the bakery according to Cinnaholic's specifications, potentially up to once per calendar year. These requirements ensure uniformity and adherence to Cinnaholic's brand standards across all locations.
Furthermore, Cinnaholic franchisees are responsible for all taxes related to their operations, including state employment tax, state sales tax, and any sales or use tax on equipment. Franchisees must ensure that no tax sale or seizure occurs against the bakery, the Franchised Site, or any tangible personal property used in the operation. This places the onus on the franchisee to manage their tax obligations diligently to avoid any disruptions to their business. These financial responsibilities, combined with the lease and modification restrictions, highlight the significant obligations franchisees must meet to maintain their Cinnaholic franchise.