What happens if Endless Summer Sweets and I cannot agree on a site for my franchise?
Endless_Summer_Sweets Franchise · 2024 FDDAnswer from 2024 FDD Document
If we and you cannot agree on a site, you will be unable to comply with your obligation to develop and open the franchise by the deadline stated in the franchise agreement.
Unless we agree to extend the deadline, you will be in default, and we may terminate your franchise agreement.
(ii) If your site is not already known and approved by us when you sign your franchise agreement, we will specify in your franchise agreement the area in which you must select a site (Franchise Agreement, Summary Page). We do not select your site, but your site is subject to our approval. To obtain our approval, you must provide all information and documents about the site that we require.
(iii) The factors we consider in approving sites are general location and neighborhood, competition, trade area demographics, traffic patterns, parking, size, physical characteristics of existing buildings, and lease terms.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 18–25)
What This Means (2024 FDD)
According to Endless Summer Sweets' 2024 Franchise Disclosure Document, if you and Endless Summer Sweets cannot agree on a site for your franchise, you will not be able to fulfill your obligation to develop and open the franchise by the deadline outlined in the franchise agreement.
Unless Endless Summer Sweets agrees to extend the deadline, you will be considered in default of the agreement. This gives Endless Summer Sweets the right to terminate your franchise agreement.
Endless Summer Sweets does not select your site, but the site is subject to their approval. To get their approval, you must provide all required information and documents about the site. The factors that Endless Summer Sweets considers when approving sites are general location and neighborhood, competition, trade area demographics, traffic patterns, parking, size, physical characteristics of existing buildings, and lease terms.