What is the purpose of referencing the Franchise Agreement in the Beef O Bradys lease agreement?
Beef_O_Bradys Franchise · 2025 FDDAnswer from 2025 FDD Document
| , a | , whose current |
|---|---|
| business address is ("you" or "your"), for the | |
| benefit of FSC FRANCHISE CO., LLC., a Delaware limited liability company, whose current business address is | |
| 5660 W. Cypress Street, Suite A, Tampa, Florida 33607 ("we," "us" or "our"). | |
| BACKGROUND INFORMATION: | |
| You entered into that certain Franchise Agreement (the "Franchise Agreement") dated as of | |
| , 20, with us, pursuant to which you will own and operate a Beef 'O' Brady's® Family | |
| Sports Pub franchise (the "Family Sports Pub"). The Family Sports Pub is, or will be, located at an Approved | |
| Location, located at (the "Premises"). | You, or |
| (the "Affiliate"), owns the Premises. |
Source: Item 23 — RECEIPTS. (FDD pages 66–330)
What This Means (2025 FDD)
According to the 2025 Beef O Bradys FDD, the Franchise Agreement is referenced in the lease agreement to establish the relationship between the franchisee, Beef O Bradys as the franchisor, and the operation of the Beef O Bradys Family Sports Pub. The reference acknowledges that the franchisee has entered into a Franchise Agreement with Beef O Bradys, which grants the franchisee the right to operate a Beef O Bradys Family Sports Pub at a specific location.
This acknowledgment is crucial for several reasons. First, it confirms that the franchisee's right to occupy and use the premises is contingent upon the validity and continuation of the Franchise Agreement. If the Franchise Agreement is terminated, the franchisee may lose the right to operate the Beef O Bradys restaurant at that location. Second, it ensures that the landlord is aware of the franchisor's interest in the premises and the operation of the Beef O Bradys business. This can be important in the event of a dispute between the franchisee and the landlord, or if the franchisee defaults on the lease.
Furthermore, Beef O Bradys retains the right to control the telephone numbers and listings of the Family Sports Pub if the Franchise Agreement is terminated. This provision protects Beef O Bradys' interest in the System and the Marks, ensuring that upon termination, the franchisee cannot continue to operate a similar business using Beef O Bradys' proprietary information and brand recognition. The franchisee must also notify Beef O Bradys of their intent to discontinue business and cease using any Marks associated with Beef O Bradys upon termination or expiration of the agreement.
In summary, referencing the Franchise Agreement in the lease agreement is a standard practice in franchising to protect the interests of both the franchisor and the franchisee, and to ensure the continued operation of the franchise business in accordance with the terms of the Franchise Agreement.