factual

If the Beef O Bradys agreement requires advance approval, must the request be in writing?

Beef_O_Bradys Franchise · 2025 FDD

Answer from 2025 FDD Document

  • Approval and Consents. Whenever this Agreement requires our advance approval, agreement or consent, you agree to make a timely written request for it. Our approval or consent will not be valid unless it is in writing. If we provide to you any waiver, approval, consent, or suggestion, or if we neglect or delay our response or deny any request for any of those, we will not be deemed to have made any warranties or guarantees which you may rely on, and will not assume any liability or obligation to you.

Source: Item 23 — RECEIPTS. (FDD pages 66–330)

What This Means (2025 FDD)

According to Beef O Bradys's 2025 Franchise Disclosure Document, any request for advance approval, agreement, or consent must be submitted in writing. Furthermore, Beef O Bradys's approval or consent is only considered valid if it is also provided in writing. This requirement ensures a clear record of all communications and agreements between the franchisee and franchisor, which can be beneficial in resolving potential disputes.

This stipulation is fairly standard in franchising, as it protects both parties by preventing misunderstandings that could arise from verbal agreements. The written format ensures that all terms and conditions are clearly documented and agreed upon. It also allows Beef O Bradys to maintain consistent standards and practices across all franchise locations.

However, the FDD also states that if Beef O Bradys provides any waiver, approval, consent, or suggestion, or if they neglect or delay their response or deny any request, they will not be deemed to have made any warranties or guarantees that the franchisee may rely on, and will not assume any liability or obligation. This clause is important for prospective franchisees to consider, as it limits Beef O Bradys's liability in certain situations, even when providing written approvals or suggestions.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.