Does the Mrcool Site Selection Acknowledgment modify the franchisee's obligation to secure an approved Center Location?
Mrcool Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee agrees that the Site Selection Acknowledgment does not constitute Franchisor's approval of a proposed Center Location, does not constitute Franchisor's designation of Franchisee's Designated Territory, does not afford Franchisee any territorial rights in or to the Site Selection Area, and does not extend and/or modify any obligation on the part of Franchisee to timely secure an approved Center Location in accordance with the terms of this Agreement;
Source: Item 23 — RECEIPTS (FDD pages 55–263)
What This Means (2025 FDD)
According to Mrcool's 2025 Franchise Disclosure Document, the Site Selection Acknowledgment does not modify the franchisee's obligation to secure an approved Center Location. The franchisee is still obligated to find and secure a location that meets Mrcool's approval, as stated in the franchise agreement. The Site Selection Acknowledgment is an agreement that Mrcool may enter into, at its discretion, if the franchisee has identified an area to secure a location but has not yet selected a specific site.
The purpose of the Site Selection Acknowledgment is to designate a geographic area where Mrcool will not approve any new Center Locations for other third parties during the Site Selection Period. However, this acknowledgment does not constitute Mrcool's approval of a proposed Center Location, nor does it grant the franchisee any territorial rights within the Site Selection Area.
Therefore, even with the Site Selection Acknowledgment in place, the franchisee remains fully responsible for securing an approved Center Location in a timely manner, according to the terms of the franchise agreement. This agreement merely provides a temporary period of exclusivity within a defined area while the franchisee seeks a suitable location, without altering the underlying obligations for site selection and approval.