What is the Area Developer's obligation regarding the execution of an approved lease for a Face Foundrie location?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
fy, and ultimately acquire, an appropriate site, acceptable to Franchisor, for the Franchised Facial Bar's operation. As Area Developer identifies prospective sites, it will notify Franchisor, and Franchisor will review criteria about the prospective sites that Franchisor deems appropriate. Area Developer will assist Franchisor by providing Franchisor any information Franchisor requests about any prospective sites. 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. Area Developer acknowledges and agrees Franchisor will not be responsible for Area Developer's results in operating at any particular site that Franchisor may have recommended, reviewed, or approved.
- 3.2.2 Following Franchisor's approval of a proposed site, Area Developer shall use its best efforts to secure such site, either through a lease/sublease that is acceptable to Franchisor herein. Area Developer shall immediately notify Franchisor of the execution of the approved lease or binding purchase agreement. The site approved and secured pursuant to this Agreement shall be specified as the "Approved Location" under the Franchise Agreement executed pursuant Section 3.4 below.
- 3.2.3 Area Developer hereby acknowledges and agrees that approval by Franchisor of a site does not constitute an assurance, representation, or warranty of any kind, express or implied, as to the suitability of the site for the Franchised Facial Bar or for any other purpose.
Source: Item 23 — RECEIPTS (FDD pages 74–257)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, the Area Developer is responsible for several actions regarding the lease of a location. After Face Foundrie approves a proposed site, the Area Developer must use their best efforts to secure the site through a lease or sublease that is acceptable to Face Foundrie. The Area Developer must immediately inform Face Foundrie upon the execution of an approved lease or binding purchase agreement. The approved site will then be specified as the 'Approved Location' under the Franchise Agreement.
Before executing a lease, the Area Developer must submit the lease to Face Foundrie for review and approval. However, if pre-submission is not possible, the Area Developer can sign the lease only if the lessor agrees in writing that the lease will become void if Face Foundrie does not approve it. Face Foundrie's approval may depend on including specific provisions that they require. A Lease Rider containing Face Foundrie's current requirements is included as an exhibit to the Franchise Agreement, which the Area Developer must execute and ensure the landlord executes as a condition of Face Foundrie's approval.
It is important to note that Face Foundrie's approval of a site does not guarantee its suitability or success. The Area Developer is responsible for identifying and securing sites, and Face Foundrie provides no site-selection assistance beyond its criteria for site approval. The Area Developer also acknowledges that Face Foundrie is not responsible for the Area Developer's results in operating at any particular site that Face Foundrie may have recommended, reviewed, or approved.