Under what condition will the Bft Franchisor (or its affiliate or designee) expressly assume the Tenant's obligations under the Lease?

According to Bft's 2025 Franchise Disclosure Document, the tenant (franchisee) alone is responsible for all obligations under the lease, unless and until Bft (or its affiliate or designee) expressly assumes such obligations in writing, signed by an officer of Bft (or its applicable affiliate or designee). This means that a franchisee cannot depend on any verbal agreement or understanding that Bft will take over the lease obligations.

For a prospective Bft franchisee, this condition highlights the importance of carefully reviewing the lease agreement and understanding their responsibilities. The franchisee should not rely on any expectation that Bft will automatically assume the lease obligations. It also emphasizes the need for any assumption of lease obligations by Bft to be documented in a formal written agreement, signed by an authorized officer.

This clause protects Bft from being unintentionally bound by lease agreements entered into by its franchisees. It ensures that Bft has complete control over when and how it assumes such obligations, mitigating potential risks and liabilities. Franchisees need to be aware that Bft's involvement in the lease is limited unless explicitly stated in writing and properly executed.