What happens if Bb.Q Chicken disapproves of a menu item a franchisee is selling?
Bb_Q_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
In consideration for such specialized training, trade secrets and confidential information (including, without limitation, information regarding the operational, sales, promotional and marketing methods and techniques of us and the System which are beyond the present skills and experience of you and the Principal(s) and your managers and employees), you and the Principal(s) covenant that with respect to you, during the term of this Agreement, except as otherwise approved in writing by us, which approval may be withheld or denied in our sole and absolute discretion, neither you nor any of the Principal(s) shall, either directly or indirectly, for themselves or through, on behalf of or in conjunction with any person(s), partnership or corporation:
(a) Divert, or attempt to divert, any business or customer of the Franchised Business to any competitor, by direct or indirect inducement or otherwise, or do or perform, directly or indirectly, any other act injurious or prejudicial to the goodwill associated with the Marks and the System or in any manner interfere with, disturb, disrupt, decrease or otherwise jeopardize the business of the Franchisor or any bb.q Chicken franchisees or Franchisor-affiliated outlets.
(b) Own, maintain, operate, engage in, or have any financial or beneficial interest in (including any interest in corporations, partnerships, trusts, unincorporated associations or joint ventures), advise, assist or make loans to, any business located within the United States, its territories, states or commonwealths, or any other country, province, state or geographic area in which we have used, sought registration of or registered the same or similar Marks or operates or licenses others to operate a business under the same or similar Marks, which business is of a character and concept similar to the Franchised Business, including a food service business which offers and sells the same or similar food products (a "Competitive Business").
Source: Item 23 — RECEIPTS (FDD pages 62–283)
What This Means (2025 FDD)
According to Bb.Q Chicken's 2025 Franchise Disclosure Document, franchisees are restricted from selling menu items that Bb.Q Chicken has not approved. Specifically, franchisees must obtain written approval from Bb.Q Chicken for any deviations from the standard menu. This approval can be withheld or denied at Bb.Q Chicken's sole discretion. This requirement is in place to protect the uniformity and quality of the Bb.Q Chicken brand.
This policy has significant implications for prospective franchisees. It means that franchisees have limited autonomy over their menu and must adhere to Bb.Q Chicken's standards. While this ensures consistency across all locations, it may also limit a franchisee's ability to cater to local tastes or introduce innovative menu items without corporate approval. Franchisees need to be aware that Bb.Q Chicken maintains control over the menu and can reject any proposed changes.
In practice, a franchisee who introduces a non-approved menu item risks violating the franchise agreement. This could lead to penalties, including potential termination of the agreement if the franchisee does not comply with Bb.Q Chicken's directives. Therefore, it is crucial for franchisees to communicate with Bb.Q Chicken and seek approval for any desired menu modifications to avoid potential conflicts and maintain a good working relationship with the franchisor.
This level of control over menu items is relatively common in the franchise industry, particularly in the food service sector. Franchisors often implement such policies to maintain brand consistency and quality control. However, prospective franchisees should carefully consider the extent of these restrictions and whether they align with their entrepreneurial goals and vision for their business.