Under what circumstances is a Nothing Bundt Cakes franchisee required to relocate their Bakery location?
Nothing_Bundt_Cakes Franchise · 2025 FDDAnswer from 2025 FDD Document
You may not relocate the Bakery without our prior written consent. If we grant you permission to relocate, or if we determine, not more than eighteen (18) months nor less than twelve (12) months prior to the end of any term of your Lease, that the commercial characteristics of your Approved Location no longer meet our criteria for a Nothing Bundt Cakes bakery, you must find another location for your Bakery within your Territory. You must comply with our then-current site selection procedures and construction procedures. In such a circumstance, you must obtain our express written consent to relocation, procure a site acceptable to us within ninety (90) days' prior to closing operations at your current Approved Location, and open for business at the new Approved Location within thirty (30) days of closing business at your existing Approved Location. In the event you are required to relocate as the result of a fire or other casualty, within ninety (90) days following the date of the loss due to fire or other casualty and except to the extent you collect business interruption payments during any transitional period, we will not collect the Royalty on the condition that you comply with the relocation provisions set forth in this Section 4.8 and find a new location approved by us within thirty (30) days of the fire or casualty. If you relocate your Bakery without our prior written consent, we shall have the right to immediately terminate this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 93–309)
What This Means (2025 FDD)
According to Nothing Bundt Cakes' 2025 Franchise Disclosure Document, a franchisee may be required to relocate their bakery under specific circumstances. The franchisee cannot relocate without prior written consent from Nothing Bundt Cakes.
Nothing Bundt Cakes may determine, between 12 and 18 months before the lease ends, that the location's commercial characteristics no longer meet their criteria. In this case, the franchisee must find a new location within their territory. The franchisee must follow Nothing Bundt Cakes' site selection and construction procedures. The franchisee needs to get written consent for the relocation and secure a site that Nothing Bundt Cakes approves within 90 days before closing the current location. The new bakery must open within 30 days of closing the existing one.
If the relocation is due to a fire or other casualty, Nothing Bundt Cakes will not collect royalties, provided the franchisee complies with the relocation terms and finds a new, approved location within 30 days of the incident. However, if a franchisee relocates without prior written consent, Nothing Bundt Cakes has the right to immediately terminate the Franchise Agreement.