Regarding site selection and acquisition/lease for a My Salon Suite franchise, which sections of the Franchise Agreement are relevant?
My_Salon_Suite Franchise · 2025 FDDAnswer from 2025 FDD Document
- A. Site Selection and Build-Out Assistance. Franchise will provide assistance, as it deems appropriate in its sole discretion, in connection with selecting the Approved Location and constructing and/or building out the Franchised Business, as described more fully in Section 7.
We may terminate your Franchise Agreement if: (i) you do not propose at least one (1) location for your Franchised Business within six (6) months of executing your Franchise Agreement; or (ii) you are unable to locate and obtain a suitable location and Approved Location (including signing a lease for that location) within nine (9) months after you sign the Franchise Agreement (Sections 7.A to 7.E of the Franchise Agreement).
We must approve any lease for the Approved Location before you enter into such an agreement. We may condition our approval on a number of conditions, including: (i) an agreement by you and the landlord of the Approved Location to enter into our prescribed form of collateral assignment of lease and our then-current form of lease addendum (if any); and (ii) receiving a written representation from the landlord of the Approved Location that you will have the right to operate the Franchised Business, including subleasing/renting certain portions of the Approved Location to different third-party salon professionals, throughout the term of your Franchise Agreement (Section 12.S. of the Franchise Agreement).
If you have not obtained an Approved Location at the time you enter into your Franchise Agreement, then you must enter into our "Site Selection Addendum" which is attached to the Franchise Agreement as Attachment B and agree to find an Approved Location within the site selection area we designate. The Site Selection Addendum does not provide you with any territorial rights. We will identify your Approved Location on the Data Sheet to your Franchise Agreement.
Attachment A: Data Sheet and Statement of Ownership
Source: Item 9 — **FRANCHISEE'S OBLIGATIONS (FDD pages 39–40)
What This Means (2025 FDD)
According to My Salon Suite's 2025 Franchise Disclosure Document, several sections of the Franchise Agreement pertain to site selection and lease acquisition. Section 8.A outlines the franchisor's obligations regarding site selection and build-out assistance, indicating that My Salon Suite will provide assistance, as it deems appropriate, in selecting the Approved Location and constructing or building out the Franchised Business, as described more fully in Section 7.
Specifically, Sections 7.A to 7.E of the Franchise Agreement are relevant, as failure to propose a location within six months or secure an Approved Location (including signing a lease) within nine months of signing the Franchise Agreement can lead to termination. Furthermore, Section 12.S of the Franchise Agreement is relevant because My Salon Suite must approve any lease for the Approved Location before the franchisee enters into it. This approval may be conditional, requiring the franchisee and landlord to enter into My Salon Suite's prescribed collateral assignment of lease and lease addendum forms. The landlord must also provide written representation that the franchisee can operate the Franchised Business, including subleasing portions to third-party salon professionals, throughout the term of the Franchise Agreement.
In addition, if a franchisee has not obtained an Approved Location when signing the Franchise Agreement, they must enter into the Site Selection Addendum (Attachment B), agreeing to find a location within the designated site selection area. The franchisor will identify the Approved Location on the Data Sheet (Attachment A) to the Franchise Agreement. For franchisees planning to purchase the building for their My Salon Suite location, the landlord entity must be separate from the franchisee entity, and My Salon Suite must approve the lease used.