What actions can Beef O Bradys take regarding the site in the event of a franchisee default?
Beef_O_Bradys Franchise · 2025 FDDAnswer from 2025 FDD Document
(c) to exclude you, your agents or employees from the Site;
(d) as your attorney-in-fact or in our own name, and under the powers herein granted, to hold, operate, manage and control the Family Sports Pub and conduct the business, if any, thereof, either personally or by our agents, with full power to use such measures, legally rectifiable, as we may be deemed proper or necessary to cure such default, including actions of forcible entry or detainer and actions in distress of rent, hereby granting full power and authority to us to exercise each and every of the rights, privileges and powers herein granted at any and all times hereafter;
(e) to cancel or terminate any unauthorized agreements or subleases entered into by you, for any cause or ground which would entitle us to cancel the same;
(f) to disaffirm any unauthorized agreement, sublease or subordinated lien, to make all necessary or proper repairs, decorating, renewals, replacements, alterations, additions, betterments and improvements to the Site or the Site that may seem judicious; and
(g) to insure and reinsure the same for all risks incidental to our possession, operation and management thereof; and/or
(h) notwithstanding any provision of the Franchise Agreement to the contrary, to declare all of your rights but not obligations under the Franchise Agreement to be immediately terminated as of the date of your default under the Lease.
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- Power of Attorney: You do hereby irrevocably appoint us as your true and lawful attorney-in-fact in your name and stead and hereby authorizes us, upon any default under the Lease or under the Franchise Agreement, with or without taking possession of the Site, to rent, lease, manage and operate the Site to any person, firm or corporation upon such terms and conditions as we may determine, and with the same rights and powers and immunities, exoneration of liability and rights of recourse and indemnity as we would have upon taking possession of the Site pursuant to the provisions set forth in the Lease.
Source: Item 23 — RECEIPTS. (FDD pages 66–330)
What This Means (2025 FDD)
According to Beef O Bradys's 2025 Franchise Disclosure Document, in the event of a franchisee default, Beef O Bradys has several options regarding the restaurant site. They can exclude the franchisee, their agents, or employees from the premises. Beef O Bradys can also act as the franchisee's attorney-in-fact, operating and managing the Family Sports Pub, conducting business either personally or through their agents. This includes taking necessary legal actions to correct the default, such as forcible entry or rent distress.
Beef O Bradys also has the power to cancel or terminate any unauthorized agreements or subleases made by the franchisee if there is cause. They can disaffirm unauthorized agreements, subleases, or subordinated liens, and make necessary repairs, decorations, renewals, and improvements to the site. Additionally, Beef O Bradys can insure and reinsure the site for risks related to their possession, operation, and management.
Furthermore, Beef O Bradys can declare all of the franchisee's rights under the Franchise Agreement terminated as of the date of default under the lease, regardless of any conflicting provisions in the agreement. The franchisee irrevocably appoints Beef O Bradys as their attorney-in-fact, authorizing them to rent, lease, manage, and operate the site to any person or entity on terms and conditions that Beef O Bradys determines, with the same rights and powers they would have if they took possession of the site under the lease provisions.