What restriction is placed on the use of the premises for a My Salon Suite franchise?
My_Salon_Suite Franchise · 2025 FDDAnswer from 2025 FDD Document
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Franchisee agrees to provide Franchisor with Franchisee's year-end financial statements and other information for the previous twelve (12) month period prior to signing the Agreement to convert your Existing Business to a Conversion Franchise.
- Section 7.A (Site Selection) and Subsection 8.A (Site Selection and Build-Out Assistance Zoning Clearances) of the Agreement shall be deleted in their entirety and replaced with the following:
Franchisee agrees to bear the cost and expense for making all alterations, modifications, and improvements as we may deem necessary to convert Franchisee's Existing Business to a Conversion Franchise. Franchisee acknowledges and agrees that approving Franchisee to operate a Conversion Franchise at the Existing Business's premises does not constitute a representation, promise, warranty, or guarantee by Franchisor that a My Salon Suite Franchised Business operated at that site will be profitable or otherwise successful.
- Section 7.E (Build-Out of Franchised Business) shall be deleted in its entirety and replaced with the following:
Within forty-five (45) days of Franchisee's execution of this Agreement and the Addendum, Franchisees agree to make all alterations, modifications and improvements to the Conversion Franchise premises as reasonably requested by Franchisor, which shall include, but not be limited to, replacing all signage, replacing the Existing Business's trade dress with My Salon Suite trade dress, and meeting the current standards of the System Standards. Franchisee will also replace all stationery, forms, invoices, business cards and all other written materials used in salon rental business with materials meeting our standards for such items and obtaining and replacing such equipment, computer hardware and software and other equipment (at your option), meeting our specifications and standards necessary to operate the Conversion Franchise under the System Standards; and to cancel and/or replace all forms of advertising, such as social media ads, online presence, and display ads, under the My Salon Suite name and substitute advertising approved by Franchisor using the Proprietary Marks.
Franchisee shall be responsible for obtaining and maintaining all zoning classifications and clearances which may be required by the state, provincial, or local laws, ordinances, or regulations or which may be necessary or advisable as a result of any restrictive covenants relating to the Conversion Franchise's premises. Franchisee agrees to obtain and maintain all permits, licenses, and certifications required for the lawful operation of the Conversion Franchise.
Source: Item 23 — RECEIPTS (FDD pages 95–230)
What This Means (2025 FDD)
According to the 2025 FDD, My Salon Suite franchisees operating a Conversion Franchise must make specific alterations and improvements to the premises within 45 days of executing the Franchise Agreement and its addendum. These changes include replacing signage and trade dress to align with My Salon Suite standards, updating written materials like stationery and business cards, and potentially replacing equipment and software to meet system specifications. Franchisees must also discontinue any existing advertising and replace it with franchisor-approved materials using My Salon Suite's proprietary marks.
My Salon Suite franchisees are responsible for securing and maintaining all necessary zoning classifications and clearances required by local laws and regulations, including those arising from restrictive covenants on the premises. They must also obtain and maintain all permits, licenses, and certifications needed for lawful operation. Within 30 days of executing the agreement and addendum, franchisees must provide written certification to My Salon Suite confirming that the required insurance coverage is in effect and that all necessary approvals, clearances, permits, and certifications have been obtained.
Furthermore, the FDD states that My Salon Suite requires the franchisee to obtain the Franchisor's prior written approval of the location for Tenant's Franchised Business before entering into a lease with the owner or master tenant of the Approved Location. One factor that My Salon Suite considers in approving a location for Tenant's Franchised Business is the agreement of the owner or master tenant of the Approved Location to incorporate certain provisions as part of the Lease to protect Franchisor's interests and give Franchisor specific rights as a third-party beneficiary.