For Bhc franchise renewal, what is the length of each additional term that a franchisee can renew for, in years?
Bhc Franchise · 2025 FDDAnswer from 2025 FDD Document
reement. If this Agreement is executed pursuant to a Multi-Unit Master Franchise Agreement ("MFA") or Multiple Target Reservation Agreement ("MTRA") between Franchisor and Franchisee, the term of this Agreement will be subject to provisions of the MFA or MTRA. Any failure to comply with the obligations set forth in the MFA or MTRA will result in cross-default in the Franchise Agreement. If the MFA or MTRA is terminated prior to its expiration for cause, all Franchise Agreement will be automatically terminated.
5.2 Renewal Terms.
- (a) Upon written notice delivered to Franchisor not less than 120 days before the end of the existing term hereof, Franchisee may renew its rights granted under this Agreement for additional 10-year terms commencing on the expiration date of the previous term, subject to the provisions of sections 5.2(b) through 5.2(g) below.
- (b) At the time of renewal, Franchisee must (i) then be solvent (which means that Franchisee is able to pay its debts as and when promised by Franchisee and that Franchisee has assets that are greater than its debts), (ii) not have Abandoned the Franchised BHC Restaurant, (iii) not be operating the Franchise in a manner that endangers public health or safety or materially harms the BHC brand or reputation, and (iv) not have knowingly submitted false or incomplete reports to Franchisor during the expiring term.
- (c) Notwithstanding section 5.2(a) above, Franchisor is not obligated to renew Franchisee's rights granted under this Agreement for an additional term if one or more of the following applies or occurs:
- (i) Franchisee gives Franchisor written notice of Franchisee's intention not to renew this Agreement at least 120 days before the expiration of the initial term or any successor term;
- (ii) Termination of this Agreement would be permitted pursuant to sections 13.1 or 13.2 hereof;
- (iii) Franchisee and Franchisor agree not to renew the Franchise Agreement;
- (iv) Franchisor withdraws from distributing its products or services through Franchises in the geographic market served by Franchisee.
- (v) At the time of renewal, Franchisee or any Principal Equity Operator has been convicted of a felony or a crime involving moral turpitude, consumer fraud or any other offense
that is reasonably likely, in Franchisor's judgment, to have a materially adverse effect on the Marks, the System, or the goodwill associated with the Marks or System; or
- (d) As a condition to renewing Franchisee's rights, duties and obligations hereunder, not later than 90 days before the end of the term that is expiring, Franchisee and Franchisor must sign either (i) Franchisor's then-current standard Franchise Agreement modified by addendum to remove provisions that only apply to a new franchisee, such as initial franchise fee and initial training requirements ("Renewal Franchise Agreement") or (ii) an addendum to this Agreement extending its term for an additional 10 year term. IN ADDITION TO NOT GRANTING ANY ADDITIONAL RIGHTS BEYOND THOSE GRANTED IN THIS AGREEMENT, THE RENEWAL FRANCHISE AGREEMENT MAY CONTAIN OTHER TERMS THAT ARE SUBSTANTIALLY DIFFERENT FROM THOSE IN THIS AGREEMENT. The Renewal Franchise Agreement, when executed, will supersede this Agreement.
- (e) At the time of renewal, Franchisee must have satisfied all monetary obligations owed by Franchisee to Franchisor and to Franchisor's affiliates and all other material obligations under this Agreement, and Franchisor may examine Franchisee's books and records to verify compliance with this requirement anytime during normal business hours within 120 days of Franchisee's renewal date.
- (f) Before or not later than 90 days after Franchisee's execution of a Renewal Franchise Agreement for an additional term, Franchisee must make such physical modifications (i.e., remodel) to Franch
Source: Item 23 — Receipts (FDD pages 52–230)
What This Means (2025 FDD)
According to Bhc's 2025 Franchise Disclosure Document, a franchisee can renew their franchise agreement for additional terms of 10 years each. To renew, the franchisee must provide written notice to Bhc at least 120 days before the current term expires. The renewal is subject to certain conditions outlined in sections 5.2(b) through 5.2(g) of the franchise agreement.
Bhc is not obligated to renew the franchise agreement if the franchisee provides written notice of their intention not to renew at least 120 days before the term expires, if termination of the agreement would be permitted under sections 13.1 or 13.2, if both parties agree not to renew, or if Bhc withdraws from distributing its products or services in the franchisee's geographic market. Additionally, renewal may be denied if the franchisee or any principal equity operator has been convicted of a felony or a crime that could negatively impact Bhc's brand or system.
As a condition of renewal, the franchisee and Bhc must sign a Renewal Franchise Agreement or an addendum extending the term for another 10 years no later than 90 days before the end of the current term. The Renewal Franchise Agreement may have terms substantially different from the original agreement. The franchisee must also satisfy all monetary and material obligations, and Bhc may examine the franchisee's books to verify compliance within 120 days of the renewal date. Before or within 90 days after signing the Renewal Franchise Agreement, the franchisee must make necessary physical modifications to the restaurant to comply with current trade dress and system requirements, and accommodate any new Bhc products. Finally, the franchisee must pay a Renewal Fee of $40,000 upon signing the Renewal Franchise Agreement.