Is the Franchisor allowed to change the Development Schedule for Bhc?

According to Bhc's 2025 Franchise Disclosure Document, the franchisor has the ability to defer a scheduled opening date under specific circumstances. Bhc may defer a scheduled opening date if it determines, in its sole discretion, that the master franchisee (or its affiliated entity) made a diligent effort to open a master franchised Bhc restaurant according to the schedule but was unable to do so for reasons beyond the master franchisee's (or its affiliated entity's) reasonable control.

This clause provides Bhc with some flexibility in enforcing the development schedule, acknowledging that unforeseen circumstances can sometimes prevent a franchisee from meeting the original timeline. However, it's important to note that the decision to defer an opening date rests solely with Bhc.

For a prospective master franchisee, this means that while Bhc is willing to consider delays caused by factors outside of their control, there's no guarantee that a deferral will be granted. It would be prudent for a potential franchisee to discuss with Bhc what specific types of circumstances might warrant a deferral and to get a clear understanding of the criteria Bhc uses to make these determinations. This will help the franchisee to better assess the risks and responsibilities associated with the development schedule.