What rights does the Closet Storage Concepts franchisee receive under the franchise agreement?
Closet_Storage_Concepts Franchise · 2025 FDDAnswer from 2025 FDD Document
luable consideration, the receipt and sufficiency of which is acknowledged, Franchisor and Franchisee agree as follows:
1. GRANT OF FRANCHISE AND LOCATION
- 1.1 Grant and Acceptance. Franchisor grants to Franchisee, and Franchisee accepts, all subject to the terms of this Agreement: a franchise to establish and operate one Closet & Storage Concepts business using the Closet & Storage Concepts System and the Proprietary Marks pursuant to this Agreement (the "Franchised Business"). Franchisee shall use the Proprietary Marks, participate in the promotional, advertising and marketing programs that are made available to Franchisee, and have access to certain proprietary trade secrets, marketing and business expertise of Franchisor, as they may be modified from time to time, in connection with the Franchised Business. If Franchisor determines that demand justifies it, Franchisee may be permitted to operate a satellite location within the granted Territory pursuant to all terms and conditions of this Agreement, as applicable, unless otherwise expressly indicated.
- 1.2 Approved Location. If the Approved Location is not identified on Exhibit 1 when this Agreement is executed, then Franchisee is responsible for locating a site within the geographic site selection area described on Exhibit 1 (the "Search Area"). The Search Area is delineated for the sole purpose of site selection and does not provide any territorial exclusivity or protection. Franchisee must find a location in the Search Area and submit it to Franchisor for approval as required in this Agreement. The exact address of Franchisee's Closet & Storage Concepts businessis set forth on Exhibit 1 and Exhibit 4 of this Agreement (said address is hereinafter referred to as the "Approved Location"). If the Approved Location is not identified in Exhibit 1 and Exhibit 4 when the parties execute this Agreement, Franchisee shall find a location and submit it to Franchisor for approval as required in Section 1.3.
- 1.3 Site Search; Purchase or Lease of Premises. Within one hundred and twenty (120) days after Franchisor's execution of this Agreement, Franchisee shall execute a Business Location Agreement in the form attached hereto as Exhibit 4. The parties may extend the 120 day period for an additional 120 days provided Franchisee diligently complied with the obligations of this Section 1.3. Prior to acquiring by lease or purchase a site for the Franchised Business, Franchisee with Franchisor's assistance (as described in Section 4.2 of this Agreement) shall locate a site for the Franchised Business that satisfies the site selection guidelines provided to Franchisee by Franchisor pursuant to Section 4.2 of this Agreement. Franchisee shall submit to Franchisor in the form specified by Franchisor a description of the site, including evidence satisfactory to Franchisor demonstrating that the site satisfies Franchisor's site selection guidelines, together with such other information and materials as Franchisor may reasonably require, including, but not limited to, a letter of intent or other evidence satisfactory to Franchisor which confirms Franchisee's favorable prospects for obtaining the site.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2025 FDD)
According to the 2025 Closet Storage Concepts FDD, a franchisee is granted the right to establish and operate one Closet & Storage Concepts business using the Closet & Storage Concepts System and Proprietary Marks, subject to the terms of the Franchise Agreement. This includes the right to use the Proprietary Marks, participate in promotional programs, and access proprietary trade secrets, marketing, and business expertise.
Additionally, Closet Storage Concepts franchisees may be permitted to operate a satellite location within their granted territory if demand justifies it, according to Closet Storage Concepts's determination. Franchisees also generally receive an exclusive territory in which neither Closet Storage Concepts nor its other franchisees can establish a business or solicit customers, although this is subject to exceptions and legal limitations.
Closet Storage Concepts also provides franchisees a 30-day right of first refusal to open additional locations in their territory. If the franchisee declines or fails to open the location within three months (barring circumstances outside their control), Closet Storage Concepts can offer the opportunity to others. If the franchisee does open an additional location, the original agreement terms apply, including royalty and advertising fee obligations based on the combined gross revenues of all locations within the territory, and no additional initial franchise fee is required.