What is the Face Foundrie franchisee's obligation regarding site selection for the Facial Bar?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
3.01 Site Selection. Franchisee acknowledges that, other than providing its criteria for site approval for the Facial Bar, Franchisor provides no site-selection assistance.
To that end, Franchisor will not visit the search area and Franchisee will be responsible to identify, and ultimately acquire, an appropriate site, acceptable to Franchisor, for the Facial Bar's operation.
As Franchisee identifies prospective sites, it will notify Franchisor, and Franchisor will review criteria about the prospective sites that Franchisor deems appropriate.
Franchisee 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 Franchisee provides Franchisor with all information Franchisor requested about the site, the site shall be deemed disapproved.
Franchisee acknowledges and agrees Franchisor will not be responsible for Franchisee's results in operating at any particular site that Franchisor may have recommended, reviewed, or approved.
Following Franchisor's approval of a site and after Franchisee secures the site, Franchisor will complete Exhibit A to this Agreement, indicating the approved location for the Facial Bar and the Protected Territory.
Franchisee hereby authorizes Franchisor to define in Exhibit A the Protected Territory upon Franchisor's approval of a site.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, the franchisee is primarily responsible for site selection. Face Foundrie offers criteria for site approval but does not provide direct site-selection assistance, such as visiting potential locations. The franchisee must identify and secure a site that meets Face Foundrie's approval for operating the Facial Bar.
As the franchisee finds potential sites, they must inform Face Foundrie and provide any requested information about the locations. Face Foundrie will then review the sites based on its criteria. If Face Foundrie does not approve or disapprove a site within 30 days of receiving all necessary information, the site is automatically considered disapproved.
It's important to note that Face Foundrie is not liable for the franchisee's performance at any site, even if Face Foundrie recommended, reviewed, or approved it. Upon approval of a site, Face Foundrie will complete Exhibit A of the Franchise Agreement, which specifies the approved location and the Protected Territory. The franchisee authorizes Face Foundrie to define the Protected Territory in Exhibit A once the site is approved.