Does Endless Summer Sweets require landlord to sign a Conditionals Assignment of Lease?

According to Endless Summer Sweets's 2024 Franchise Disclosure Document, securing a location for your business is subject to their approval and must meet their specifications. As part of this process, Endless Summer Sweets requires franchisees to use reasonable efforts to have their landlord sign their form of Conditionals Assignment of Lease. This form is included as Exhibit 5 to the Franchise Agreement.

This requirement means that prospective Endless Summer Sweets franchisees must not only find a suitable location that meets the franchisor's standards but also actively involve the landlord in the leasing process to sign the Conditionals Assignment of Lease. This document likely outlines the conditions under which the lease can be assigned to Endless Summer Sweets or another party, which protects the franchisor's interests in the event the franchisee defaults or transfers the business.

While Endless Summer Sweets requires franchisees to use "reasonable efforts" to obtain the landlord's signature, it does not explicitly state the consequences if the landlord refuses to sign. This leaves some ambiguity regarding whether a franchisee can proceed with a location if the landlord is unwilling to sign the Conditionals Assignment of Lease. It would be prudent for a potential franchisee to clarify with Endless Summer Sweets what recourse they have if a landlord declines to sign this document, as it could impact their ability to secure a suitable location and move forward with the franchise.