Does Endless Summer Sweets select the site for the franchisee?
Endless_Summer_Sweets Franchise · 2024 FDDAnswer from 2024 FDD Document
Item 11 FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING
Except as listed below, we are not required to provide you with any assistance.
Our Pre-Opening Obligations
Before you open your business:
- A. Your site. We will review and advise you regarding potential locations that you submit to us. (Section 5.4). If you sign a Multi-Unit Development Agreement, we will approve the location of future sites and territories for those sites, and our then-current standards for sites and territories will apply. We are not obligated to further assist you in locating a site or negotiating the purchase or lease of the site.
- (i) We generally do not own your premises.
- (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.
(iv) The time limit for us to approve or disapprove your proposed site is 30 days after you submit all of our required documents and information. (Section 6.1).
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.
- (v) We are not obligated to assist you in conforming the premises of your site to local ordinances and building codes and obtaining any required permits.
This will be your responsibility.
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's 2024 Franchise Disclosure Document, the franchisor does not select the site for the franchisee. However, Endless Summer Sweets will review and advise franchisees regarding potential locations that the franchisee submits. If the franchisee signs a Multi-Unit Development Agreement, Endless Summer Sweets will approve the location of future sites and territories for those sites, applying their then-current standards for sites and territories.
The franchisee is responsible for locating a site, and the site is subject to Endless Summer Sweets's approval. To get approval, the franchisee must provide all required information and documents about the site. Endless Summer Sweets considers factors such as general location, neighborhood, competition, trade area demographics, traffic patterns, parking, size, physical characteristics of existing buildings, and lease terms when approving sites.
Endless Summer Sweets has 30 days to approve or disapprove a proposed site after the franchisee submits all required documents and information. If the franchisee and Endless Summer Sweets cannot agree on a site, the franchisee will be unable to meet their obligation to develop and open the franchise by the deadline stated in the franchise agreement, potentially leading to default and termination of the agreement. The franchisee is also responsible for conforming the premises to local ordinances and building codes and obtaining any required permits.