In the event of conflicting notices, which party's notices prevail between the Tenant and Bhc Franchisor?

According to Bhc's 2025 Franchise Disclosure Document, specifically within the lease addendum, in the event that the landlord receives conflicting notices from the tenant (the franchisee) and Bhc, the franchisor's notices will take precedence. This is designed to ensure that Bhc maintains control and oversight over the franchise operations and lease-related matters.

This provision is significant for a prospective Bhc franchisee because it clarifies the lines of communication and authority concerning the lease. If there's a disagreement or conflicting information between the franchisee and Bhc regarding the lease terms or any required actions, the landlord is obligated to follow Bhc's instructions. This could impact how the franchisee interacts with the landlord and manages their lease obligations.

For example, if the franchisee sends a notice to the landlord about a lease renewal, but Bhc sends a conflicting notice, the landlord must act according to Bhc's notice. This clause protects Bhc's interests and ensures uniformity across its franchise locations. Franchisees should be aware of this dynamic and ensure they coordinate closely with Bhc on all lease-related communications to avoid potential conflicts.