What specific provisions does Clean Your Dirty Face require in the lease agreement?
Clean_Your_Dirty_Face Franchise · 2025 FDDAnswer from 2025 FDD Document
ncertainty and variability of these criteria are beyond our control, and we are not responsible if a site and location we recommend fails to meet your expectations.
2.B. LEASE OF SITE.
You must obtain our written approval of your Business's proposed site before signing any lease, sublease, or other document for the Premises (the "Lease"). We also must approve the terms of the Lease before you sign it. The Lease shall contain certain provisions we require, including collateral assignment of lease, pursuant to the form of lease addendum attached as Exhibit E.
Neither our approval of the Lease nor our assistance in negotiating its terms (including negotiations conducted on your behalf), constitute a guarantee or warranty, express or implied, of the success or profitability of a CYDF Facial Bar operated at the Premises. Our approval and assistance indicate only that we believe that the Lease's terms meet our then-acceptable criteria. You must obtain our written approval of your Business's proposed site for the Premises and sign the Lease within sixty (60) days of the Effective Date. You must deliver to us a signed copy of the Lease within ten (10) days after its execution.
You may not relocate your Business to a location other than the Premises without our approval. If we allow you to relocate your Business, the relocation will be subject to the site selection and lease provisions set forth above and will occur at your sole expense. In addition, you will be assessed a relocation fee of Ten Thousand Dollars ($10,000) for the services we provide in connection with your relocation, including reviewing and approving a new site and Lease and assisting with the design and construction of the new site. Notwithstanding the foregoing, if the relocation of your Business is due to fire, casualty, or other circumstances outside of your control, we will waive the relocation fee.
2.C. DEVELOPMENT AND CONSTRUCTION OF YOUR BUSINESS.
You are responsible for developing the Premises. If you need to secure financing to complete your development obligations, you agree to do so independently and at your own expense. The Premises must be built by our approved third party builders, and you must obtain prior written approval to deviate from this. We will give you mandatory and suggested specifications for the Premises, including requirements for dimensions, design, image, interior layout, decor, fixtures, equipment, signs, furnishings, and color scheme. You agree to develop, construct and decorate the Premises at your own expense according to plans and specifications approved by us and in accordance with the requirements of the Lease. The specifications and plans we provide you for the Premises do not reflect the requirements of any federal, state, or local
law, code, or regulation, including those arising under the Americans with Disabilities Act (the "ADA") or similar rules governing public accommodations for persons with disabilities. It is your responsibility to confirm all required construction plans and specifications comply with the ADA and all other applicable ordinances, building codes, permit requirements, and Lease requirements and restrictions.
We reserve the right to require that you, at your expense, before you begin construction on the Premises (i) retain an architect to produce development plans for the Premises, and/or (ii) obtain a minimum of number of construction bids that we specify from contractors. We reserve the right to require you to use one of our approved architects and/or contractors.
Source: Item 22 — CONTRACTS (FDD page 54)
What This Means (2025 FDD)
According to Clean Your Dirty Face's 2025 Franchise Disclosure Document, franchisees must obtain written approval from Clean Your Dirty Face for their business's proposed site before signing any lease. Clean Your Dirty Face also requires approval of the lease terms before the franchisee signs the lease. The lease must contain certain provisions that Clean Your Dirty Face requires, including a collateral assignment of the lease, according to the lease addendum attached as Exhibit E.
Clean Your Dirty Face's approval of the lease or assistance in negotiations does not constitute a guarantee of the success or profitability of the Clean Your Dirty Face Facial Bar. It only indicates that the terms meet Clean Your Dirty Face's then-acceptable criteria. The franchisee must obtain written approval of the business's proposed site for the premises and sign the lease within 60 days of the effective date and deliver a signed copy of the lease to Clean Your Dirty Face within 10 days after its execution.
The franchisee may not relocate their business without Clean Your Dirty Face's approval, and any relocation is subject to the site selection and lease provisions. The franchisee will be assessed a relocation fee of $10,000 for Clean Your Dirty Face's services in connection with the relocation, including reviewing and approving a new site and lease and assisting with the design and construction of the new site. Clean Your Dirty Face will waive the relocation fee if the relocation is due to fire, casualty, or other circumstances outside of the franchisee's control.
Additionally, the lease agreement must include stipulations that a default under the lease constitutes a default under the Franchise Agreement. Clean Your Dirty Face is considered a third-party beneficiary of the lease as long as they hold a collateral assignment of the lease, granting them the right to enforce the lease. The landlord must acknowledge Clean Your Dirty Face's right to enter the premises to manage and operate the business under certain circumstances, such as abandonment or failure to cure a default, without assuming direct liability under the lease. Upon expiration or termination of the lease or Franchise Agreement, Clean Your Dirty Face has the right to enter the premises to remove any signs or materials bearing Clean Your Dirty Face's trademarks.