Can a Bhc franchisee modify the design of the restaurant without the franchisor's consent?
Bhc Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
- (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, franchisees cannot modify the design of the restaurant without express written consent from Bhc. The FDD states that Bhc retains complete and uncontested control over the design of the franchised restaurant. This means a franchisee cannot alter the design or choose third-party designers independently.
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 approve 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 leasehold improvements and equipping the restaurant, potentially requiring a specific color scheme and decorative trade dress. However, it remains the franchisee's responsibility to diligently construct, equip, and prepare the restaurant for opening. Additionally, franchisees must use licensed general contractors, designers, vendors, and architects that are accepted by Bhc for any leasehold improvement work.