What happens if Endless Summer Sweets and the franchisee cannot agree on a site?
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.
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 the franchisee and Endless Summer Sweets cannot agree on a site, the franchisee will be unable to fulfill their obligation to develop and open the franchise by the deadline stated in the franchise agreement. Unless Endless Summer Sweets agrees to extend the deadline, the franchisee will be in default, and Endless Summer Sweets may terminate the franchise agreement.
Endless Summer Sweets does not select the site for the franchisee, but the site is subject to their approval. To get approval, the franchisee must provide all required information and documents about the site. Endless Summer Sweets will review and advise franchisees regarding potential locations that they submit. The factors that Endless Summer Sweets considers in approving sites are general location and neighborhood, competition, trade area demographics, traffic patterns, parking, size, physical characteristics of existing buildings, and lease terms.
The time limit for Endless Summer Sweets to approve or disapprove a proposed site is 30 days after the franchisee submits all required documents and information. The franchisee is responsible for conforming the premises of their site to local ordinances and building codes and obtaining any required permits, as Endless Summer Sweets is not obligated to assist with this.