What are the potential differences between the original Bhc Franchise Agreement and the Renewal Franchise Agreement?
Bhc Franchise · 2025 FDDAnswer from 2025 FDD Document
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 Franchisee's Franchised BHC Restaurant as are reasonably necessary so that they are substantially consistent with the then current Trade Dress or System requirements, and so that they can accommodate new BHC Products, if any. Franchisee must also bring Franchisee's Franchised BHC Restaurant and equipment, materials, and supplies into compliance with the standards then applicable to new BHC franchises.
- (g) When Franchisee signs the Renewal Franchise Agreement, Franchisee must pay Franchisor a "Renewal Fee" of $40,000.
6. TRAINING AND ASSISTANCE
6.1 Initial Training.
(a) It is critically important for Franchisee's General Manager and Principal Equity Operators to understand the Franchised Business and the System, and for Franchisee's General Manager and other key employees to have been trained how to operate the Franchised Business. Accordingly, Franchisor will provide to Franchisee's General Manager and at least one of Franchisee's Principal Equity Operators, an initial training program prior to the opening of the Franchised BHC Restaurant, which lasts for six (6) days (a number of days may vary depending on the Franchisee's experience and needs as determined by Franchisor in its sole discretion) ("Initial Training"), providing an orientation to the System and instructions on how to operate the Franchised Business. The fee for the Initial Training is $8,000 up to two (2) persons, excluding travel expenses ("Initial Training Fee"). Unless there are extenuating circumstances which, in Franchisor's reasonable determination, justify a delay (including Force Majeure), Franchisee's required trainees must attend the Initial Training offered by Franchisor. Franchisee may not open and operate Franchisee's Franchised BHC Restaurant until Franchisee's General Manager has satisfactorily completed Initial Training.
Source: Item 23 — Receipts (FDD pages 52–230)
What This Means (2025 FDD)
According to Bhc's 2025 Franchise Disclosure Document, the Renewal Franchise Agreement may contain terms that are substantially different from the original agreement. However, the Renewal Franchise Agreement will not grant any additional rights beyond those already granted in the original agreement.
Specifically, the Renewal Franchise Agreement will be the then-current standard Franchise Agreement modified by an addendum. This addendum will remove provisions that apply only to new franchisees, such as the initial franchise fee and initial training requirements. To renew the franchise agreement, franchisees must sign either the Renewal Franchise Agreement or an addendum to the existing agreement extending the term for an additional 10 years.
As a condition of renewal, Bhc requires franchisees to meet certain obligations. Franchisees must satisfy all monetary obligations to Bhc and its affiliates, as well as all other material obligations under the existing agreement. Bhc may also examine the franchisee's books and records to verify compliance. Franchisees are also required to make physical modifications to the franchised BHC Restaurant to ensure it is consistent with the current trade dress and system requirements and can accommodate any new BHC products. Additionally, franchisees must bring their restaurant and equipment into compliance with the standards applicable to new Bhc franchises.
Upon signing the Renewal Franchise Agreement, franchisees must pay Bhc a renewal fee of $40,000. The Renewal Franchise Agreement, once executed, supersedes the original agreement. These conditions apply to both standard franchisees and master franchisees, ensuring consistency in the renewal process across different franchise types.