When surrendering the leased premises, what condition must the Beef O Bradys tenant leave the property in?
Beef_O_Bradys Franchise · 2025 FDDAnswer from 2025 FDD Document
4.1 Alterations by Tenant. Tenant must not make or cause to be made any structural alterations, additions or improvements to the leased premises without Landlord's previous written consent. Tenant may make non-structural alterations, additions and improvements without Landlord's previous consent. All alterations, additions and improvements must be done in a good workmanlike manner. All alterations, additions or improvements excluding, however, Tenant's furniture, trade fixtures, equipment, and other personal property, becomes the property of the Landlord upon the expiration or termination of the Lease, except as Landlord may otherwise agree.
(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.
Source: Item 23 — RECEIPTS. (FDD pages 66–330)
What This Means (2025 FDD)
According to the 2025 Beef O Bradys FDD, upon the expiration or termination of the lease, all alterations, additions, and improvements made to the leased premises become the property of the landlord, with the exception of the tenant's furniture, trade fixtures, equipment, and other personal property, unless otherwise agreed upon by the landlord.
Additionally, if Beef O Bradys does not exercise the option to purchase the Family Sports Pub, the franchisee is responsible for de-identifying the premises to prevent confusion with other Beef O Bradys locations. This includes removing all interior and exterior signage, furnishings, memorabilia, and décor items bearing the Beef 'O' Brady's name or logo. The franchisee must also remove system graphics, receipt printouts, private labeled food items, and food presentation items with the Beef O Bradys logo. Furthermore, the interior of the restaurant must be repainted to reflect a change in the basic color scheme, and the menu must be significantly different from the Beef O Bradys menu.
In summary, a Beef O Bradys franchisee must not only surrender any improvements made to the property (excluding removable personal property) but also undertake a comprehensive de-identification process to ensure the location no longer resembles a Beef O Bradys restaurant, should the franchisor not purchase the location.