Under the Fat Shack Development Agreement, what information must be included in a written notice?

According to Fat Shack's 2025 Franchise Disclosure Document, a franchisee must provide written notice to Fat Shack Inc. (FSI) of their intention to develop a Fat Shack Restaurant at least 90 days before the deadline outlined in the Development Schedule for executing each Subsequent Franchise Agreement. This notification serves as the franchisee's formal exercise of their development rights for a specific location within their protected area.

This advance notice is crucial for several reasons. It allows Fat Shack ample time to prepare for the new location, ensuring that resources and support are available. It also gives Fat Shack the opportunity to assess the franchisee's compliance with the Development Agreement and other related agreements. Furthermore, Fat Shack retains the right to refuse the franchisee's request to enter into a Subsequent Franchise Agreement if they believe the franchisee lacks the financial resources or operational capabilities to successfully develop and operate the new Fat Shack Restaurant.

In practical terms, this means a prospective Fat Shack franchisee needs to be highly organized and proactive in managing their development schedule. They must carefully track the deadlines for each location and submit their written notice well in advance. The notice should clearly state the franchisee's intention to develop the restaurant and include any relevant details that Fat Shack may require to assess the request. Failure to provide timely and complete notice could result in delays or even the denial of the right to develop a particular location.