Under what circumstances related to the lease or premises of a Monicals Pizza restaurant can a franchisee request to relocate?
Monicals_Pizza Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall not relocate the Franchised Restaurant without the prior written consent of Franchisor. If the lease for the Approved Location expires or terminates through no fault of Franchisee or if the Franchised Restaurant's premises are destroyed, condemned or otherwise rendered unusable through no fault of Franchisee, Franchisee may request the right to relocate the Franchised Restaurant either permanently or temporarily as appropriate under the circumstances and Franchisor shall not unreasonably withhold its consent to such relocation. Should Franchisee desire to relocate the Franchised Restaurant for any other reason, Franchisee shall request the right and Franchisor may approve or disapprove such request. Any relocation of the Franchised Restaurant shall be at Franchisee's sole expense, and shall proceed in accordance with the requirements set forth in Sections 5.1 through 5.7. Franchisor has the right to charge Franchisee for any costs incurred by Franchisor in providing assistance to Franchisee, including, but not limited to, legal and accounting fees. Notwithstanding the foregoing, Franchisor has no obligation to provide relocation assistance. If Franchisor and Franchisee do not agree upon a substitute site within ninety (90) days after the lease expires or is terminated or the Approved Location is rendered unusable, this Agreement shall terminate as provided in Section 16.2.1.1.
Source: Item 23 — RECEIPTS (FDD pages 46–257)
What This Means (2025 FDD)
According to Monicals Pizza's 2025 Franchise Disclosure Document, a franchisee can request to relocate their restaurant under specific conditions related to the lease or the premises. If the lease for the approved location expires or terminates through no fault of the franchisee, or if the restaurant's premises are destroyed, condemned, or otherwise rendered unusable through no fault of the franchisee, they may request to relocate the restaurant. In these instances, the relocation can be either permanent or temporary, depending on the circumstances. Monicals Pizza agrees to not unreasonably withhold consent for such a relocation.
If a franchisee desires to relocate for any other reason, they must still request permission from Monicals Pizza, who may then approve or disapprove the request. Any relocation, regardless of the reason, is at the franchisee's sole expense and must follow the guidelines outlined in Sections 5.1 through 5.7 of the franchise agreement. Monicals Pizza has the right to charge the franchisee for any costs they incur while providing assistance, including legal and accounting fees, but they are not obligated to provide relocation assistance.
It's important to note that if Monicals Pizza and the franchisee cannot agree on a substitute site within ninety days after the lease expires, is terminated, or the approved location becomes unusable, the Franchise Agreement will terminate as specified in Section 16.2.1.1. This highlights the importance of proactive communication and planning when facing potential relocation scenarios to avoid potential termination of the franchise agreement.