Can the Bb.Q Chicken Franchise Agreement be modified?
Bb_Q_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Franchise Agreement | Summary | |
|---|---|---|---|
| k. | "Transfer" by franchisee – defined | Section 14.2.1 | Includes sale, assignment, conveyance, pledge, mortgage or other encumbrance of any interest in the Franchise Agreement, the Restaurant or Food Truck or you (if you are not a natural person) |
| 1. | Franchisor approval of transfer by franchisee | Section 14.2.2 | You must obtain our consent before transferring any interest. We will not unreasonably withhold our consent |
| m. | Conditions for franchisor approval of transfer | Section 14.2.2 | Conditions include: You must pay all amounts due us, not otherwise be in default, sign a general release, and pay a transfer fee. Transferee must meet our criteria, complete training to our satisfaction and sign current Franchise Agreement |
| n. | Franchisor's right of first refusal to acquire franchisee's business | Section 14.4 | Within 30 days after notice, we have the option to purchase the transferred interest on the same terms and conditions |
| 0. | Franchisor's option to purchase franchisee's business | Section 18.11 | Upon termination or expiration of the Franchise Agreement, we have the right to purchase certain assets of the Franchised Business |
| p. | Death or disability of franchisee | Section 14.5 | The Franchise Agreement will terminate upon your death or permanent disability, and the Franchised Business must be transferred within six months to a replacement franchisee that we approve. |
| q. | Non-competition covenants during the term of the franchise | Section 10.3.1 | You are prohibited from operating or having an interest in a similar business without our prior written consent, subject to state law. |
| r. | Non-competition covenants after the franchise is terminated or expires | Section 10.3.2 | You and your Principals are prohibited for two years from expiration or termination of the franchise from operating or having an interest in a similar business within 20 miles of any Franchised Business in the System, subject to state law. |
| S. | Modification of the agreement | Sections 10.1.5 and 19.2 | The Franchise Agreement may not be modified unless mutually agreed to in writing. You must comply with Manual as amended |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 49–55)
What This Means (2025 FDD)
According to Bb.Q Chicken's 2025 Franchise Disclosure Document, the Franchise Agreement can only be modified if both Bb.Q Chicken and the franchisee mutually agree to the changes in writing. Additionally, franchisees must comply with the Bb.Q Chicken manual, which may be amended from time to time. This requirement ensures that franchisees stay aligned with the brand's current standards and operational procedures.
This stipulation is typical in franchising, as it protects the uniformity of the brand and operational standards. It prevents individual franchisees from unilaterally altering key aspects of the franchise agreement. The written agreement requirement provides a clear record of any agreed-upon changes, reducing the potential for misunderstandings or disputes later on.
For a prospective Bb.Q Chicken franchisee, this means that while there is room for modifications to the Franchise Agreement, any changes must be formally agreed upon and documented. Franchisees should carefully review the Bb.Q Chicken manual and any updates to it, as compliance is mandatory. Understanding this aspect of the agreement is crucial for maintaining a good working relationship with Bb.Q Chicken and operating a successful franchise.