Where must each Face Foundrie Franchised Facial Bar be located?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
, pursuant to the terms and conditions of this Agreement, to develop no less than the number of Face Foundrié Facial Bars (the "Franchised Facial Bars") as set forth in Exhibit A to this Agreement. In this regard, the parties further agree that:
1.1.1 Each Franchised Facial Bar developed hereunder shall be operated pursuant to a separate Face Foundrié Franchise Agreement with Franchisor (a "Franchise Agreement") that shall be executed as provided in Section 3.4 below.
1.1.2 For each Franchised Facial Bar to be developed under this Agreement, Area Developer shall execute the Franchise Agreement for such Franchised Facial Bar in accordance with the deadlines set forth in the development schedule specified in Paragraph 1 of Exhibit A to this Agreement (the "Development Schedule").
1.1.3 Each Franchised Facial Bar developed hereunder shall be at a specific location, which shall be designated in the Franchise Agreement, that is within in the area described in Paragraph 2 of Exhibit A to this Agreement (the "Development Area"). If a "TBD" (to be determined) search area has been designated in Paragraph 2 of Exhibit A, Area Developer hereby authorizes Franchisor to designate the Development Area and complete Exhibit A subsequent to execution of this Agreement upon Franchisor approval of Area Developer's proposed territory. Until Franchisor has so designated a Development Area, Area Developer will not have any rights to a protected territory.
1.2 Development Area*.* Except as otherwise set forth herein (including, without limitation, the rights retained by Franchisor as described in Section 1.3), during the term of this Agreement, and so long as Area Developer is in compliance with its obligations under this Agreement and all of the Franchise Agreements between Area Developer (including any affiliate of Area Developer), Franchisor shall not establish or operate, or license anyone other than Area Developer to establish or operate, a Face Foundrié Facial Bar under the Marks and System at any location that is within the Development Area. Notwithstanding the foregoing, Franchisor has the right to operate (directly or through an Affiliate), and to grant to others the right to operate, within the Development Area and elsewhere: (a) Face Foundrié Facial Bars or other businesses using any part or all of the System and/or Marks that are operating as of the Effective Date; and (b) businesses that Franchisor or its Affiliates purchase (or as to which Franchisor or its Affiliates purchases the rights as franchisor) that are part of another franchise system or chain and either continue to operate them independently or convert them to Face Foundrié Facial Bars.
1.3 Franchisor's Reserved Rights. Notwithstanding anything to the contrary set forth herein, Franchisor retains the right, in its sole discretion, to:
(a) establish and operate, and grant to other franchisees or licensees the right to establish and operate, a Face Foundrié Facial Bar or any other business using the Marks, the System or any variation of the Marks and the System, (i) in any location outside the Development Area or (ii) as contemplated by Section 1.2 above; in each case on any terms and conditions that Franchisor deems appropriate;
Source: Item 23 — RECEIPTS (FDD pages 74–257)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, each Franchised Facial Bar must be at a specific location designated in the Franchise Agreement, within the Development Area outlined in Paragraph 2 of Exhibit A of the agreement. If the Development Area is yet to be determined ('TBD'), Face Foundrie has the authority to designate the Development Area upon approval of the Area Developer's proposed territory. Until Face Foundrie designates a Development Area, the Area Developer does not have rights to a protected territory.
Securing a site for a Face Foundrie location is the Area Developer's responsibility. Face Foundrie provides site selection guidelines, including minimum standards for sites and resources for demographic information. The franchisor offers site selection counseling and assistance as deemed advisable, but will not visit the search area. The Area Developer identifies prospective sites and provides Face Foundrie with requested information for review. A site is considered disapproved if Face Foundrie does not approve it within 30 days of receiving all requested information.
Following site approval, the Area Developer must secure the site through a lease or sublease acceptable to Face Foundrie and notify Face Foundrie immediately upon execution of the lease or purchase agreement. The approved and secured site will be specified as the 'Approved Location' in the Franchise Agreement. Face Foundrie retains the right to develop and operate Face Foundrie Facial Bars or sell franchises in the described area if the Development Area references undetermined sites. The Area Developer may then be required to choose a final location outside any protected territory given to another franchisee or area developer, potentially outside the initially identified area.