Can a waiver granted by Beef O Bradys to a franchisee be revoked, and if so, under what conditions?
Beef_O_Bradys Franchise · 2025 FDDAnswer from 2025 FDD Document
- (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
relating to a Beef 'O' Brady's® Family Sports Pub. In our sole judgment, we may waive this requirement in writing provided that you provide a sworn Certificate of Destruction/De-identification detailing your compliance with these terms;
Source: Item 23 — RECEIPTS. (FDD pages 66–330)
What This Means (2025 FDD)
According to Beef O Bradys's 2025 Franchise Disclosure Document, in the event of termination or expiration of the franchise agreement, Beef O Bradys may waive the requirement for the franchisee to deliver all signs, marketing materials, and other items containing any mark related to Beef O Bradys. This waiver is at Beef O Bradys's sole discretion and must be provided in writing.
To be eligible for this waiver, the franchisee must provide a sworn Certificate of Destruction/De-identification, detailing their compliance with the terms of de-identifying the former Beef O Bradys location. This certificate confirms that the franchisee has properly removed all Beef O Bradys branding and related materials as per the franchise agreement.
The FDD does not explicitly state that Beef O Bradys can revoke a waiver once granted. However, the initial granting of the waiver is contingent on the franchisee's compliance and provision of the sworn certificate. If the franchisee fails to comply with the de-identification terms or provides a false certificate, it is implied that Beef O Bradys could potentially revoke the waiver, as the conditions for granting it would not have been met. A prospective franchisee should clarify the conditions under which a waiver could be revoked with Beef O Bradys.