Here is the actual Site Selection section in the Krispy Kreme franchise agreement which has been reproduced in its whole.
Please note that Krispy Kreme has discontinued their franchising program in the United States and Canada. The sections in this agreement are for references purposes only.
Part 2, Section A: Site Selection
You acknowledge that, prior to signing this Agreement, you (with or without our assistance) located and we approved the Site. You acknowledge and agree that our recommendation or approval of the Site, and any information regarding the Site communicated to you, do not constitute a guarantee, assurance, representation or warranty of any kind, express or implied, as to the suitability of the Site for a KRISPY KREME STORE or for any other purpose. Our recommendation or approval of the Site indicates only that we believe that the Site falls within the acceptable criteria for sites that we have established as of the time of our recommendation or approval of the Site.
Application of criteria that have appeared effective with respect to other sites may not accurately reflect the potential for all sites, and, after our approval of a site, demographic and/or other factors included in or excluded from our criteria could change, thereby altering the potential of a site. The uncertainty and instability of such criteria are beyond our control, and we will not be responsible for the failure of a site we have recommended or approved to meet expectations as to potential revenue or operational criteria. You acknowledge and agree that your acceptance of the Franchise is based on your own independent investigation of the suitability of the Site.
You must also cause to be prepared and submit for approval by us a site plan and any modifications to our basic architectural plans and specifications for the Store, including requirements for dimensions, exterior design, materials, interior layout, equipment, fixtures, furniture, signs and decorating. You understand that you may modify our basic plans and specifications only to the extent required to comply with applicable ordinances, building codes and permit requirements and only with our prior written approval.
Comment: Many franchisors require the franchisee to research, locate, and finalize a site for the positioning of the franchise. Simultaneously, the franchisor will have the final say if such a site will be suitable for the outlet. As you can see, there are several disclaimers to protect the franchisor in case the site does not live up to its potential for business viability. It is unlikely that the franchisor will waive this disclaimer since it is impossible to predict the success of one franchise over another, even if the selection criteria of two franchises was deemed similar.
It will also be your responsibility to provide modification details and plans to bring the store design to franchisor specifications. Most franchisors will undertake this task, but occasionally, the franchisee will be required to assume the process. Unless the location is being built from scratch, some modifications may be required outside of the franchisor’s
