Who is the Beef O Bradys franchise agreement binding on, besides the franchisee and franchisor?
Beef_O_Bradys Franchise · 2025 FDDAnswer from 2025 FDD Document
20 (the "Effective Date") between FSC FRANCHISE CO., LLC, a Delaware limited liability company ("we," "us," "our" or "Franchisor") with its principal office at 5660 W.
Cypress Street, Suite A, Tampa, Florida 33607, and , whose principal place of business is ("you," "your" or "Franchisee") (collectively the "Parties").
RECITALS WHEREAS, the Parties entered into that certain Franchise Agreement dated , 20 (the "Franchise Agreement"), pursuant to which you agreed, among other things, to own and operate a Beef 'O' Brady's® Family Sports Pub (the "Family Sports Pub") at an Approved Location.
WHEREAS, the Franchise Agreement is in full force and effect and, as of the Effective Date of this Addendum, Franchisor has sent no official notice of default to Franchisee under the Franchise Agreement that remains uncured on the date hereof.
Source: Item 23 — RECEIPTS. (FDD pages 66–330)
What This Means (2025 FDD)
According to the 2025 Beef O Bradys Franchise Disclosure Document, in the context of an addendum to the franchise agreement for franchisees obtaining SBA assisted financing, the agreement is binding on the 'Parties,' which include the Franchisor, FSC FRANCHISE CO., LLC, and the Franchisee.
This means that both Beef O Bradys and the franchisee are legally obligated to adhere to the terms and conditions outlined in the franchise agreement and its addendum. The addendum specifically references the original franchise agreement and reaffirms that it is in full force and effect, provided that Beef O Bradys has not sent any official notice of default to the franchisee that remains uncured.
This clause ensures that all parties involved are aware of their responsibilities and liabilities under the agreement, particularly when SBA financing is involved. It also confirms that the agreement remains valid and enforceable, assuming no unresolved defaults exist. Prospective franchisees should carefully review the entire franchise agreement and any addenda to fully understand their obligations and the franchisor's commitments.