Does Bft have any liability to the franchisee if the franchisee discontinues or changes any mark?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
4.4 Modification, Discontinuance or Substitution. Franchisor reserves the right, in its sole judgment, to modify, discontinue or replace any Mark on a national or regional basis, and Franchisee shall, as applicable and at its expense, immediately discontinue use of any Mark and commence using any modified or replacement Mark as directed by Franchisor. Franchisor shall have no liability or obligation whatsoever with respect to Franchisee's discontinuance or change of any Mark.
Source: Item 23 — RECEIPTS (FDD pages 79–265)
What This Means (2025 FDD)
According to Bft's 2025 Franchise Disclosure Document, Bft retains the right to modify, discontinue, or replace any mark on a national or regional level. The franchisee is then obligated to discontinue using the old mark and begin using the modified or replacement mark, all at the franchisee's expense.
Importantly, Bft explicitly states that it has no liability or obligation to the franchisee regarding the discontinuance or change of any mark. This means that if Bft decides to change its branding, franchisees must adapt to the new branding at their own cost, without any financial assistance or compensation from Bft.
This clause places the financial burden of rebranding entirely on the franchisee. A prospective franchisee should consider the potential costs associated with rebranding, such as new signage, marketing materials, and other related expenses, and factor these into their financial projections. It is a fairly common practice in franchising for the franchisee to bear the costs of implementing brand changes, but the explicit disclaimer of liability by Bft underscores the importance of franchisees being prepared for such expenses.