What agreements must a Nothing Bundt Cakes franchisee be compliant with to exercise their right of first refusal?
Nothing_Bundt_Cakes Franchise · 2025 FDDAnswer from 2025 FDD Document
and outdoor) food courts, food halls, fairs, festivals, and locations or events designed for large gatherings (individually, a "ROFR Site" and collectively, the "ROFR Sites"), provided that: (i) you must be compliant with any and all agreements between you and us, our affiliates and our approved and designated suppliers; (ii) the ROFR Site is within your Territory and you meet the property owner's current requirements for a party to utilize the ROFR Site as contemplated by the nature of the ROFR Site; and (iii) you meet our criteria for a multi-unit franchise owner. We will provide you written notice of our intent to establish and operate a Bakery at a ROFR Site (the "Notice") in your Territory. You will have the period of time specified in the Notice, or if no time period is specified, 30 days from the date of the Notice in which to exercise your right of first refusal which we may condition upon requirements otherwise established in the Franchise Agreement (see Section 4.7), including but not limited to your execution of our then-current franchise agreement (the terms of which may materially vary from the terms of your Franchise Agreement) and payment of our thencurrent initial fee. If you do not meet our criteria, fail to timely exercise the right of first refusal or decline the opportunity to develop a Bakery at the ROFR Site, then we may offer the opportunity to others, including our affiliates, designees, assignees or other franchisees the right to operate ROFR Sites in your Territory. See Section 4.7 of our form of Franchise Agreement;
Source: Item 12 — TERRITORY (FDD pages 52–58)
What This Means (2025 FDD)
According to the 2025 Nothing Bundt Cakes FDD, a franchisee must be compliant with all agreements between them, Nothing Bundt Cakes, its affiliates, and its approved and designated suppliers to exercise their right of first refusal. This right applies to establishing and operating a bakery at food courts, food halls, fairs, festivals, and locations or events designed for large gatherings (ROFR Sites) within the franchisee's territory.
In addition to being compliant with all agreements, the ROFR Site must be within the franchisee's territory, and the franchisee must meet the property owner's current requirements for utilizing the ROFR Site. The franchisee must also meet Nothing Bundt Cakes' criteria for a multi-unit franchise owner.
Nothing Bundt Cakes will provide written notice of their intent to establish a bakery at a ROFR Site in the franchisee's territory, and the franchisee will have a specified time (or 30 days if no time is specified) to exercise their right of first refusal. This right may be conditional upon requirements established in the Franchise Agreement, including executing the then-current franchise agreement and paying the then-current initial fee. If the franchisee does not meet the criteria, fails to exercise the right in a timely manner, or declines the opportunity, Nothing Bundt Cakes may offer the opportunity to others, including affiliates, designees, assignees, or other franchisees.