Who is responsible for locating and selecting the site for a Nothing Bundt Cakes Bakery?
Nothing_Bundt_Cakes Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — RECEIPTS (FDD pages 93–309)
What This Means (2025 FDD)
According to the 2025 Nothing Bundt Cakes Franchise Disclosure Document, the franchisee is responsible for locating, evaluating, and selecting the site for their bakery. Nothing Bundt Cakes will not search for or select the site for the franchisee. The franchisor relies on the franchisee's knowledge of the real estate market in their development area and their ability to locate and access suitable sites.
While the franchisee is responsible for site selection, Nothing Bundt Cakes provides support by giving franchisees their current criteria for bakery sites. These criteria include factors such as population density, demographic characteristics, visibility, traffic flow, competition, accessibility, size, and other physical and commercial characteristics. The franchisee must provide Nothing Bundt Cakes with all requested information to assess each proposed site, and Nothing Bundt Cakes agrees to review and accept or reject sites within thirty days of receiving the required information. However, Nothing Bundt Cakes has the right to reject any site that does not meet their criteria or to require the franchisee to acknowledge in writing that a chosen site is not recommended.
The franchisee may not proceed with a site that Nothing Bundt Cakes has not accepted. Additionally, the franchisee must send any lease or sublease for written acceptance before signing, and Nothing Bundt Cakes will not unreasonably withhold consent. Nothing Bundt Cakes may guide the franchisee in the leasing process but will not negotiate the lease or provide legal advice. This process ensures that while franchisees have the autonomy to choose their location, Nothing Bundt Cakes maintains control over site selection to protect brand consistency and potential success.