What is the Area Developer's obligation regarding the Development Schedule for Face Foundrie?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
Recognizing that time is of the essence, Area Developer shall comply strictly with the Development Schedule.
Area Developer acknowledges and agrees that the Development Schedule requires that Area Developer have executed and delivered to Franchisor Franchise Agreements for a cumulative number of Franchised Facial Bars by the end of the time periods specified in Exhibit A.
Area Developer shall be solely responsible for identifying, submitting for Franchisor's approval, and securing specific sites for each Franchised Facial Bar.
If Franchisor has not approved a site within thirty (30) days after Area Developer provides Franchisor with all information Franchisor requested about the site, the site shall be deemed disapproved.
Failure to timely execute a Franchise Agreement as required by this Section 3.4 will constitute a default under this Agreement.
Neither party shall be responsible for non-performance or delay in performance occasioned by a "force majeure," which means an act of God, war, civil disturbance, act of terrorism, government action, fire, flood, accident, hurricane, earthquake, or other calamity, strike or other labor dispute, epidemic or pandemic, or any other cause beyond the reasonable control of such party; provided, however, force majeure shall not include Area Developer's lack of adequate financing, and no event of force majeure shall relieve a party of the obligation to pay any money under this Agreement.
If any delay occurs, any applicable time period hereunder shall be automatically extended for a period equal to the time lost; provided, however, that Area Developer shall make reasonable efforts to correct the reason for such delay and give Franchisor prompt written notice of any such delay.
Source: Item 23 — RECEIPTS (FDD pages 74–257)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, an Area Developer must strictly comply with the Development Schedule outlined in Paragraph 1 of Exhibit A of the Area Development Agreement. This schedule mandates that the Area Developer execute and deliver Franchise Agreements to Face Foundrie for a specific cumulative number of Franchised Facial Bars by the end of the time periods detailed in Exhibit A. The agreement emphasizes that time is of the essence in adhering to this schedule.
The Area Developer is responsible for identifying and securing suitable sites for each Face Foundrie Facial Bar, subject to Face Foundrie's approval. While Face Foundrie provides site selection guidelines and minimum standards, it offers no direct site-selection assistance, meaning the Area Developer must independently find and acquire appropriate locations. The franchisor has 30 days to approve a site after receiving all necessary information; otherwise, the site is deemed disapproved.
Failure to meet the Development Schedule or to timely execute Franchise Agreements constitutes a default under the Area Development Agreement. However, the agreement includes a clause for "force majeure" events, such as natural disasters or pandemics, which may excuse delays, provided the Area Developer makes reasonable efforts to correct the cause of the delay and promptly notifies Face Foundrie in writing. It is important to note that lack of adequate financing does not qualify as a force majeure event, and the Area Developer remains obligated to fulfill payment obligations even in such circumstances.