Does the agreement to develop and open Nothing Bundt Cakes bakeries apply to the Development Area?

According to Nothing Bundt Cakes' 2025 Franchise Disclosure Document, the agreement to develop and open bakeries applies to the Development Area. Nothing Bundt Cakes grants the franchisee the exclusive right to develop a specified number of bakeries within a defined geographic area, known as the "Development Area," according to a mandatory development schedule. The franchisee's rights are contingent upon strict compliance with the terms outlined in the development rights rider, including the development schedule.

The franchisee must adhere to the development schedule outlined in Exhibit A of the rider. Time is of the essence, and failure to comply strictly with the development obligations may result in termination of the franchisee's rights under the rider. Nothing Bundt Cakes retains the right to enforce the rider strictly. The agreement specifies that the franchisee must develop and open Nothing Bundt Cakes bakeries in the Development Area, including the bakery that is the subject of the First Franchise Agreement, according to the schedule.

Nothing Bundt Cakes may delay the development or opening of additional bakeries within the Development Area if they believe the franchisee is not prepared to operate in compliance with their standards. This delay can be implemented if Nothing Bundt Cakes believes the franchisee is not operationally or managerially ready, but the delay must not cause a breach of the development obligations unless Nothing Bundt Cakes is willing to extend the schedule. The rider's term continues until the final bakery is opened or the rider is terminated, but it will end no later than a specified date.