What happens if a Beef O Bradys franchisee loses the right to possession of the site?
Beef_O_Bradys Franchise · 2025 FDDAnswer from 2025 FDD Document
2.1 Term. The term of the Franchise and this Agreement begins on the Effective Date and expires 10 years from the date of your executed lease or purchase agreement giving you property control over the Site of your Family Sports Pub. This Agreement may be terminated before it expires in accordance with its terms.
2.2 Grant. Subject to the terms of and upon the conditions contained in this Agreement, we grant you a franchise (the "Franchise") to: (a) operate a Family Sports Pub at the Site, and at no other location (temporary or permanent); (b) use the Marks solely in connection with operating the Family Sports Pub; and, (c) use the System in its operation. As long as you are in compliance with this Agreement, we will not grant a franchise to anyone else to operate, or ourselves operate, a Family Sports Pub within the Protected Territory.
2.3 Performance. You agree that you will at all times faithfully, honestly and diligently perform your obligations, continuously exert your best efforts to promote and enhance the Family Sports Pub and not engage in any other business or activity that conflicts with your obligations to operate the Family Sports Pub in compliance with this Agreement. You may not operate the Family Sports Pub from any location other than the Site without our prior written consent. At all times, your Two Designated Operators must meet our qualifications for Family Sports Pub managers and participate personally on a daily basis in the direct operation of the Family Sports Pub. In addition, at all times the Family Sports Pub must be managed by a general manager and one other management level employee who both have satisfactorily completed Beef's Operator Training Program.
(e) De-Identification of Family Sports Pub.
If we do not have or do not exercise an option to purchase the Family Sports Pub, you agree that, after, as applicable, the effective date of expiration/terminations of this Agreement or the Notification Date, you will promptly and at your own expense make such alterations we specify to distinguish the Family Sports Pub clearly from its former appearance and from other Family Sports Pubs so as to prevent confusion by the public, including, without limitation, removing all exterior and interior signage bearing the Beef 'O' Brady's® name or logo including channel letter signage, pylon signage, interior signage and window decals; removing all furnishings bearing the Beef 'O' Brady's® name or logo; removing all memorabilia and décor items including pictures, jerseys, pennants, sporting good equipment, uniforms, plaques, etc. bearing inscriptions, engraving, autographs or any notation of any type that includes the Beef 'O' Brady's® name or logo; removing the System graphics and receipt printouts including the Beef 'O' Brady's® name or logo and the POS System data base key and forwarding it to us immediately upon closure of your Family Sports Pub; removing and ceasing to use all our private labeled food items including proprietary sauces, dressings and chips; removing all food presentation items such as our green plastic baskets, green checkered paper, current salad bowls, cups, plates, logo napkins and coasters, all retail merchandise bearing the Beef 'O' Brady's® name or logo; repainting of the interior of the restaurant to reflect a change in the basic color scheme from hunter green and gold so as to clearly distinguish from its former appearance/concept and from other Beef 'O' Brady's® Family Sports Pubs so as to prevent confusion by the public; removing TVs in any new restaurant so that the overall number of TVs does not exceed 5 units; removing any and all Beef 'O' Brady's® concepts or menu items from the menu, including chicken wings, beef, hamburgers, chicken or sandwiches, "signature items" by Beef 'O' Brady's® and removal of all "pinch hitter" special books, any new menu must different significantly from the Beef 'O' Brady's® menu, and at least 51% of the menu must have a different composition than any Beef 'O' Brady's® menu; and any and all other alterations we specify to distinguish the Family Sports Pub clearly from its former appearance and from other Family Sports Pubs.
17.2 Marks and De-Identification. Upon the termination or expiration of this Agreement:
- (a) Notification. You must notify us of your intent, and the date that you intend, to discontinue business of your Beef 'O' Brady's® Family Sports Pub. You agree that such notification does not release you from any obligations or liabilities under this Agreement.
- (b) Cease Identification as Licensee or Franchisee/Use of Marks. You may not directly or indirectly at any time or in any manner (except with respect to other Family Sports Pubs you own and operate) identify yourself or any business as a current or former Family Sports Pub, or as one of our licensees or franchisees, use any Mark, any colorable imitation of a Mark or other indicia of a Family Sports Pub in any manner or for any purpose or utilize for any purpose any trade name, trade or service mark or other commercial symbol that indicates or suggests a connection or association with us. Within ten (10) days of termination or expiration you are to deliver to us, at your own expense, all signs, sign-faces, signcabinets, marketing materials, forms and other materials containing any Mark or otherwise identifying or
Source: Item 23 — RECEIPTS. (FDD pages 66–330)
What This Means (2025 FDD)
According to the 2025 Beef O Bradys Franchise Disclosure Document, the franchise agreement grants the franchisee the right to operate a Family Sports Pub specifically at the designated site. The agreement explicitly states that the franchisee cannot operate the Family Sports Pub from any location other than the approved site without prior written consent from Beef O Bradys. This condition is tied to the term of the franchise, which lasts for 10 years from the date the franchisee executes the lease or purchase agreement, giving them control over the site.
If the franchisee loses the right to possession of the site, it would constitute a breach of the franchise agreement, potentially leading to termination. In the event of termination or expiration of the agreement, the franchisee must notify Beef O Bradys of their intent to discontinue business and cease identifying themselves as a current or former franchisee. This includes refraining from using any Beef O Bradys marks or indicia.
Furthermore, the franchisee is obligated to de-identify the Family Sports Pub to prevent public confusion. This involves removing all Beef O Bradys signage, furnishings, memorabilia, and branded items, as well as repainting the interior to change the color scheme. The franchisee must also remove any Beef O Bradys concepts or menu items from the menu, ensuring that the new menu differs significantly from the original. These steps ensure that the location is no longer associated with the Beef O Bradys brand and system.
In summary, losing possession of the site has significant consequences for a Beef O Bradys franchisee. It not only jeopardizes the franchise agreement but also triggers a series of obligations related to de-identification and cessation of using the Beef O Bradys brand. Prospective franchisees should carefully consider the terms of their lease or purchase agreement and ensure they have adequate protections in place to maintain control of the site throughout the term of the franchise.