Does Nothing Bundt Cakes have the right to withhold approval of a location selected for my 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 Nothing Bundt Cakes's 2025 Franchise Disclosure Document, you are responsible for locating, evaluating, and selecting the site for your bakery. While Nothing Bundt Cakes will not search for a site for you, they do provide their current criteria for bakery sites, including factors like population density, visibility, traffic flow, competition, accessibility, size, and other physical and commercial characteristics. This information is intended to help you identify suitable locations.
Nothing Bundt Cakes retains the right to approve or reject any site you propose. They state that they will not unreasonably withhold acceptance of a site if it aligns with their experience and the factors they consider favorable for Nothing Bundt Cakes bakeries. However, they maintain the absolute right to reject any site that does not meet their criteria or to advise you in writing that a chosen site is not recommended due to incompatibility with certain factors. You are not allowed to proceed with a site that Nothing Bundt Cakes has not accepted.
Furthermore, Nothing Bundt Cakes requires you to submit any lease or sublease agreements for written acceptance, which they will not unreasonably withhold, before you sign them. You are prohibited from signing any lease or sublease without their written consent. While Nothing Bundt Cakes may offer guidance during the leasing process, they are not obligated to negotiate the lease or provide legal advice. This process ensures that the location and lease terms align with Nothing Bundt Cakes's standards and protect their brand and interests.