factual

Does Nothing Bundt Cakes provide assistance with site selection for the franchise location?

Nothing_Bundt_Cakes Franchise · 2025 FDD

Answer from 2025 FDD Document

to comply with the Schedule and we then terminate this Rider. However, each time you (or your Approved Affiliate) sign a franchise agreement for another Nothing Bundt Cakes® Bakery to be developed within the Development Area, we will apply the deposit related to that Bakery toward the initial franchise fee due for that Bakery.

6. Grant of Franchises.

  • (a) You must send us a separate application for each Nothing Bundt Cakes® Bakery that you (or your Approved Affiliate) wish to develop in the Development Area. You must locate, evaluate, and select the Bakery's site. We will not search for or select the site for you. In granting you development rights under this Rider, we are relying on your knowledge of the real estate market in the Development Area and your ability to locate and access sites.
  • (b) You must give us all information and materials we request to assess each proposed Bakery site. We will give you our then-current criteria for Nothing Bundt Cakes® Bakery sites (including, without limitation, population density and other demographic characteristics, visibility, traffic flow, competition, accessibility, ingress and egress, size, and other physical and commercial characteristics) to help you select and identify each Bakery site. We will not unreasonably withhold acceptance of a site if, in our and our affiliates' experience and based on the factors outlined above, the proposed site is not inconsistent with sites that we and our affiliates regard as favorable or that otherwise have been successful sites in the past for Nothing Bundt Cakes® Bakeries. However, we have the absolute right to reject any site not meeting our criteria or to require you to acknowledge in writing that a site you have chosen, while acceptable to us, is not recommended due to its incompatibility with certain factors bearing on a site's suitability as a location for a Nothing Bundt Cakes® Bakery. We agree to use reasonable efforts to review and accept (or not to accept) sites you propose within thirty (30) days after we receive all requested information and materials. You may not proceed with a site that we have not accepted.
  • (c) You also must send us for written acceptance, which we will not unreasonably withhold, any lease or sublease that will govern your occupancy and lawful possession of each Bakery site before you sign it. You may not sign any lease or sublease that we have not consent to in writing. We may (but have no obligation to) guide you in the leasing process but will not negotiate the lease or sublease for you or provide any legal advice.
  • (d) If we accept and you secure lawful possession of the proposed site, but you (or your Approved Affiliate) have not yet signed a franchise agreement for that Bakery, you agree within the time period we specify (but no later than the date specified in the Schedule) to sign (or have your Approved Affiliate sign) a separate franchise agreement (and related documents) for that Bakery and to pay us the remaining portion of the initial franchise fee. If you (or your Approved Affiliate) fail to do so or cannot obtain lawful possession of the acceptable proposed site, we may withdraw our consent to the proposed site and exercise any of our other rights under this Rider. After you and your owners (or your Approved Affiliate and its owners) sign the franchise agreement (and related documents, including Guaranty and Assumption of Obligations), its terms and conditions will control the construction, development, and operation of the Nothing Bundt Cakes® Bakery (except that the required opening date is governed exclusively by the Schedule in this Rider, as provided in Section 3 above).

Source: Item 23 — RECEIPTS (FDD pages 93–309)

What This Means (2025 FDD)

According to Nothing Bundt Cakes' 2025 Franchise Disclosure Document, franchisees are primarily responsible for site selection, but Nothing Bundt Cakes does offer some assistance. The franchisee must locate, evaluate, and select the bakery site. However, Nothing Bundt Cakes will provide its then-current criteria for bakery sites, including factors like population density, demographic characteristics, visibility, traffic flow, competition, accessibility, size, and other physical and commercial characteristics.

Nothing Bundt Cakes has the right to review and approve or reject locations selected by the franchisee. They will not unreasonably withhold acceptance of a site if it aligns with their experience and successful sites. However, Nothing Bundt Cakes has the absolute right to reject any site not meeting their criteria or require the franchisee to acknowledge in writing that a chosen site is not recommended due to incompatibility with certain factors.

The franchisee must also submit any lease or sublease for written acceptance, which Nothing Bundt Cakes will not unreasonably withhold, before signing. Nothing Bundt Cakes may guide the franchisee in the leasing process but will not negotiate the lease or provide legal advice. Franchisees may not relocate the bakery without prior written consent, and relocation requires compliance with then-current site selection and construction procedures.

Overall, while the franchisee bears the primary responsibility for finding a location, Nothing Bundt Cakes provides site criteria, reviews proposed locations and leases, and offers guidance during the leasing process. Franchisees must adhere to Nothing Bundt Cakes' approval process and site criteria to ensure the location aligns with the brand's standards.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.