How is the 'Location' of a Desi District franchise determined if it is not stated on the Summary Page?
Desi_District Franchise · 2024 FDDAnswer from 2024 FDD Document
"Location" means the location stated on the Summary Page. If no location is stated on the Summary Page, then the Location will be determined in accordance with Section 6.1.
ARTICLE 6. LOCATION, DEVELOPMENT, AND OPENING
6.1 Determining Location and Territory. If the Location and Territory are not stated on the Summary Page:
(i) Franchisee shall find a potential Location within the Development Area described on the Summary Page.
Franchisee shall submit its proposed Location to Desi District Franchise Group for acceptance, with all related information Desi District Franchise Group may request.
If Desi District Franchise Group does not accept the proposed Location in writing within 30 days, then it is deemed rejected.
- (ii) When Desi District Franchise Group accepts the Location, it will issue a Location Acceptance Letter in the form of Attachment 2 which states the Location and Territory.
Desi District Franchise Group shall determine the Territory in its good faith discretion, substantially in accordance with Item 12 of the Franchise Disclosure Document.
5.4 Pre-Opening Assistance.
- (a) Selecting Location. Desi District Franchise Group shall provide its criteria for Desi District locations to Franchisee. Desi District Franchise Group will review and advise Franchisee regarding potential locations submitted by Franchisee.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2024 FDD)
According to Desi District's 2024 Franchise Disclosure Document, the 'Location' of the franchise is initially determined by what is stated on the Summary Page. However, if no location is specified on the Summary Page, Section 6.1 of the franchise agreement dictates the process.
Specifically, the franchisee is responsible for finding a potential location within the Development Area, which is described on the Summary Page. The franchisee must then submit this proposed location to Desi District for their acceptance, along with any related information that Desi District requests. Desi District has 30 days to either accept or reject the proposed location in writing; failure to respond within this timeframe is considered a rejection.
If Desi District accepts the location, they will issue a Location Acceptance Letter, which will state both the Location and the Territory granted to the franchisee. This letter serves as the official confirmation of the approved site for the Desi District franchise. Desi District also provides its criteria for locations to the franchisee and will review and advise regarding potential locations submitted by the franchisee.