Franchise Agreement Amendment - Location

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									This agreement is an amendment to the original terms and conditions of a franchise
agreement. This agreement provides that the Franchisor and the Franchisee shall use
their best efforts to mutually determine an appropriate location for Franchisee’s
business. The location shall be approved by the Franchisor, and once approval has
been obtained the Franchisee and landlord will enter into a lease agreement subject to
the conditions set forth is this agreement. This template document contains
opportunities for optional language and can be customized to fit the needs of the
drafting parties. This document should be used by franchisors or franchisees before a
location for the franchisee’s business has been selected.
        LOCATION FRANCHISER SUBLEASE FRANCHISEE

      THIS AGREEMENT (the “Amendment Agreement”), is made this ____ day of
 ________, 2____, [Instruction: Insert date.] by and between _____________ [Instruction:
 Insert Franchiser name..] (the “Franchiser”) and _______________ [Instruction: Insert
 Franchisee name.] (the “Franchisee”).

      WHEREAS, the Franchiser and the Franchisee have entered into a Franchise Agreement
 (the “Franchise Agreement”) dated the _____ day of ____________, 2____. [Instruction:
 Insert date of franchise agreement.]

      AND WHEREAS, the Franchiser and the Franchisee desire to enter into this Amendment
 Agreement to amend the Franchise Agreement pursuant to the terms and conditions contained
 herein (the “Amendment Agreement”)

       NOW THEREFORE THIS AMENDMENT AGREEMENT WITNESSES that in
consideration of the mutual covenants and agreements herein contained, the parties hereto
covenant and agree as follows:

1. TERMS OF AMENDMENT

2. The Franchiser and the Franchisee shall set forth best efforts to mutually determine an
   appropriate    location   for    the   Franchisee’s    business    being    operated   as
   _________________________ (the “Franchise”).            [Instruction: Insert name of
   Franchisee’s business.] Such location shall be in the City/Town of _____________.
   [Instruction and Comment: Insert location. If location is further restricted by Franchise
   Agreement, insert further restrictions here or in a separate schedule. If in a separate
   schedule, state that same is considered incorporated in this Amendment Agreement.]

3. The location shall be subject to approval by the Franchisor acting in its sole discretion
   [Comment: If other details (for example, the build out) are subject to Franchisor’s
   discretion, add here.]. The Franchisee may utilize the services of a real estate agent
   designated by the Franchisor to assist the Franchisee in finding locations and negotiating
   leases. [Comment: If Franchisee can use own real estate agent, or must use Franchisor’s,
   change the previous sentence to reflect applicable terms.]

4. Upon the Franchisee locating an appropriate location for the Franchise and upon approval by
   Franchisor regarding such location, the Franchisee and the Landlord (the “Landlord”) of such
   location shall enter into a lease agreement on terms and conditions to be determine by the
   Franchisee and the Landlord.

5. The Franchisee will enter into a lease or sublease of the location commencing on or before
   the scheduled opening date. The lease or sublease shall only be entered into by the
   Franchisee upon the following conditions being satisfied:
       A.     the Franchisor approving the form of the lease or sublease prior to the Franchisee
              executing any such document. The Franchisor will not unreasonably withhold its
              approval to the form or terms of the proposed lease. The Franchisee shall deliver a
              complete copy of the proposed offer to lease or sublease, lease or sublease (in any
              case, the “Lease”) to the Franchisor at least _____ (___) [Instruction and
              Comment: Insert number of days. Must be longer than number of days in
              next sentence.] calendar days prior to executing it and a complete copy of such
              document as executed, shall be delivered to the Franchisor promptly following
              execution. The Franchisor shall deliver its written approval or refusal within ___
              (__) [Instruction: Insert number of days.] calendar days. Failure to provide
              such written notice within the time period contemplated herein shall be deemed to
              constitute approval/disapproval [Instruction: Choose one, delete inapplicable.].

       B.     The Lease shall have a term and renewal term not less than ________ (___)
              [Instruction: Insert number of years.] years unless otherwise agreed in writing
              by the Franchisor in its sole discretion. However, Franchisor may not require
              Franchisee to enter into a lease for a term longer than the term of the Franchise
              Agreement, if any.

       C.     Concurrently with executing the Lease, the Landlord, the Franchisee and the
              Franchisor shall execute a conditional assignment of lease in the form provided by
              the Franchisor (the “Conditional Assignment of Lease”). The Franchisor will
              prepare the Conditional Assignment of Lease but the Franchisee shall be
              responsible for obtaining execution of it by the Landlord.

6. The Franchisee shall not assign the Lease or sublease, as the case may be, or sublet the whole
   or any portion of the location or otherwise transfer or release its leasehold interest in the
   location during the term of this Amendment Agreement without first obtaining the prior
   written consent, such consent not to be unreasonably withheld, of the Franchisor and, if the
   Franchisor requests, assisting the Franchisor in negotiating and obtaining an assignment of
   the Lease or such other leasing arrangements as the Franchisor may reasonably require.

7. The Franchisee will keep the location in a clean, well maintained condition at all times, in
   full compliance with the Lease, the Franchise Agreement and this Amendment Agreement.
   The Franchisee will comply with all reasonable work orders issued by the Franchisor from
   time to time (the “Cash Work Orders”) and will immediately conduct repair and maintenance
   work to the location as required by the Cash Work Orders.

       IN WITNESS WHEREOF this Amendment Agreement has been duly executed by
Franchisor and the Franchisee on the day and year first written above.


                                                    (FRANCHISOR)
                                                    Per
Name:
Title:
I have authority to bind the Company.

(FRANCHISEE)
Per



Name:
Title:
I have authority to bind the Company.

								
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