Does Nothing Bundt Cakes have the right to reject a site that doesn't meet their criteria?
Nothing_Bundt_Cakes Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — RECEIPTS (FDD pages 93–309)
What This Means (2025 FDD)
According to Nothing Bundt Cakes' 2025 Franchise Disclosure Document, the franchisee is responsible for locating, evaluating, and selecting the bakery site. While Nothing Bundt Cakes provides its criteria for acceptable sites, including factors like population density, visibility, traffic flow, competition, accessibility, size, and other physical and commercial characteristics, the franchisee ultimately makes the site selection.
Nothing Bundt Cakes has the right to reject a site if it does not meet their criteria. However, Nothing Bundt Cakes states that they will not unreasonably withhold acceptance of a site if it is consistent with sites that they or their affiliates regard as favorable or have been successful in the past. The franchisee may be required to acknowledge in writing that a site they have chosen, while acceptable to Nothing Bundt Cakes, is not recommended due to its incompatibility with certain factors.
Nothing Bundt Cakes agrees to review and either accept or reject proposed sites within 30 days after receiving all requested information. The franchisee cannot proceed with a site that Nothing Bundt Cakes has not accepted. Additionally, any lease or sublease is subject to Nothing Bundt Cakes' written acceptance, which they will not unreasonably withhold, before it is signed. The franchisee cannot sign any lease or sublease without Nothing Bundt Cakes' written consent.