What constitutes the 'Approved Location' for a My Salon Suite franchise after site approval?
My_Salon_Suite Franchise · 2025 FDDAnswer from 2025 FDD Document
B. Approved Location.
Franchisee may operate the Franchised Business only at the Approved Location identified in Attachment A ("Data Sheet"). Franchisee may not relocate the Franchised Business without Franchisor's prior written consent, and Franchisee must reimburse Franchisor for Franchisor's cost in reviewing, evaluating, approving, and assisting in any relocation as set forth in Section 7 of this Franchise Agreement. In the event Franchisee has not secured an Approved Location prior to the Effective Date, then the parties will enter into Franchisor's prescribed form of site selection addendum attached to this Franchise Agreement as Attachment B ("Site Selection Addendum"), and Franchisee must locate and secure an Approved Location within the "Site Selection Area" defined therein. For the avoidance of doubt, the Site Selection Area is non-exclusive and does not provide Franchisee with any territorial protection. Franchisee is not entitled to any territorial protection until an Approved Location has been approved by Franchisor and a Protected Territory (defined below) is granted. If Franchisee is seeking to locate the Approved Location in an area where a Franchised Business exists, Franchisee's proposed location may be subject to a right of first refusal to the existing franchisee.
Source: Item 23 — RECEIPTS (FDD pages 95–230)
What This Means (2025 FDD)
According to My Salon Suite's 2025 Franchise Disclosure Document, the 'Approved Location' is the specific site that My Salon Suite has approved in writing for the franchisee to operate their franchised business. This location is initially identified in Attachment A, referred to as the 'Data Sheet.' The franchisee is restricted to operating their My Salon Suite business solely at this Approved Location, and any relocation requires prior written consent from My Salon Suite, with the franchisee bearing the costs associated with the review and approval process.
If a franchisee hasn't secured an Approved Location before the franchise agreement's effective date, they must adhere to the site selection addendum outlined in Attachment B. This addendum requires the franchisee to find and secure an Approved Location within a defined 'Site Selection Area.' It's important to note that this Site Selection Area is non-exclusive and doesn't provide any territorial protection until My Salon Suite approves a specific location and grants a Protected Territory. Furthermore, if an existing My Salon Suite franchise is already in the area, the proposed location might be subject to a right of first refusal by that existing franchisee.
My Salon Suite's approval of a site doesn't provide any assurance or warranty regarding the site's suitability for the franchised business or its compliance with laws and regulations, including the Americans with Disabilities Act. The approval only indicates that My Salon Suite believes the site meets its minimum criteria at the time of evaluation. Factors like demographic and economic changes, including competition, can affect a site's potential after approval, and My Salon Suite isn't responsible if the site doesn't meet the franchisee's expectations. The franchisee is expected to conduct their own independent investigation of the site's suitability.
In cases where a franchisee is converting an existing business into a My Salon Suite franchise, specific sections of the franchise agreement related to site selection and build-out assistance are replaced. The franchisee bears the costs of alterations and improvements necessary for the conversion, and My Salon Suite's approval of the existing business's premises doesn't guarantee profitability or success.