How will Nothing Bundt Cakes notify a franchisee of their intent to establish a bakery at a ROFR Site?
Nothing_Bundt_Cakes Franchise · 2025 FDDAnswer from 2025 FDD Document
nated 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.
Source: Item 12 — TERRITORY (FDD pages 52–58)
What This Means (2025 FDD)
According to Nothing Bundt Cakes' 2025 Franchise Disclosure Document, if Nothing Bundt Cakes intends to establish and operate a bakery at a Right of First Refusal (ROFR) Site within a franchisee's territory, they will provide the franchisee with written notice of this intent. This notification is referred to as the "Notice."
The franchisee then has a specified period, as outlined in the Notice, to exercise their right of first refusal. If no specific time period is mentioned in the Notice, the franchisee has 30 days from the date of the Notice to respond. Nothing Bundt Cakes may condition the franchisee's right of first refusal upon requirements otherwise established in the Franchise Agreement.
These requirements can include the franchisee's execution of Nothing Bundt Cakes' then-current franchise agreement, which may have terms that differ materially from the franchisee's existing agreement, and payment of Nothing Bundt Cakes' then-current initial fee. If the franchisee does not meet Nothing Bundt Cakes' criteria, fails to exercise the right of first refusal within the given timeframe, or declines the opportunity, Nothing Bundt Cakes is then free to offer the ROFR Site opportunity to others, including affiliates, designees, assignees, or other franchisees.