Does Bhc have complete control over the design of the franchised restaurant?
Bhc Franchise · 2025 FDDAnswer from 2025 FDD Document
The architect must submit a complete set of final plans and specifications to Franchisor before commencing leasehold improvement of the Franchised BHC Restaurant.
Franchisor will review these plans and specifications promptly and accept them as stated or provide Franchisee with Franchisor's comments on the plans and specifications.
Franchisor will have complete and uncontested control over the design of the Franchised BHC Restaurant and Franchisee may not modify the design or choose third party designers without Franchisor's express written consent.
Franchisee may not commence leasehold improvement of the Franchised BHC Restaurant until Franchisor consents in writing to the final plans, specifications, and contractors to be used in constructing the Franchised BHC Restaurant.
Franchisor will consult with Franchisee, to the extent Franchisor deems necessary, on the leasehold improvement and equipping of the Franchised BHC Restaurant (and Franchisor may require the Franchised BHC Restaurant to have a certain color scheme and decorative trade dress), but it is and will remain Franchisee's sole responsibility to diligently construct, equip and otherwise make ready, and then open the Franchised BHC Restaurant.
Franchisee is responsible, at Franchisee's expense, for obtaining all zoning classifications, permits, clearances, certificates of occupancy and center clearances which may be required by governmental authorities and to comply with all covenants, conditions, easements, and restrictions of record.
- (e) Franchisee must use licensed general contractors, designers, vendors, and architects accepted by Franchisor before performing leasehold improvement work at Franchisee's Franchised BHC Restaurant.
Source: Item 23 — Receipts (FDD pages 52–230)
What This Means (2025 FDD)
According to Bhc's 2025 Franchise Disclosure Document, Bhc retains complete control over the design of its franchised restaurants. The franchisee cannot modify the design or choose third-party designers without Bhc's express written consent.
Before starting any leasehold improvements, the franchisee's architect must submit a complete set of final plans and specifications to Bhc for review. Bhc will either accept the plans as they are or provide comments and required changes. The franchisee cannot begin construction until Bhc gives written consent to the final plans, specifications, and contractors.
Bhc may consult with the franchisee on the leasehold improvements and equipping of the restaurant, and may require a specific color scheme and decorative trade dress. However, it remains the franchisee's responsibility to complete the construction and equipping of the restaurant. The franchisee is also responsible for obtaining all necessary permits and complying with local regulations. Bhc must approve any changes to the restaurant plans in writing before the franchisee begins leasehold improvements or implements any changes. Bhc personnel must have access to the restaurant during construction and may make video records of the process. Bhc can also require alterations or modifications to the leasehold improvements that it deems necessary.