Under what circumstances is a Bhc franchisee excused from the obligation to remain open?
Bhc Franchise · 2025 FDDAnswer from 2025 FDD Document
- (d) Franchisee's Franchised BHC Restaurant must be open on a full-time basis in accordance with the hours of operation as designated by Franchisor.
The obligation to remain open will not apply if Franchisee experiences a Force Majeure.
Source: Item 23 — Receipts (FDD pages 52–230)
What This Means (2025 FDD)
According to Bhc's 2025 Franchise Disclosure Document, a franchisee is generally required to keep their BHC Restaurant open on a full-time basis, adhering to the hours of operation designated by Bhc. This requirement ensures consistent service and availability to customers, which is crucial for maintaining brand reputation and customer satisfaction.
However, the FDD specifies one exception to this rule. A Bhc franchisee is not obligated to remain open if they experience a Force Majeure event.
A Force Majeure event typically refers to unforeseen circumstances beyond the franchisee's control that make it impossible or impractical to keep the restaurant open. While the FDD does not define 'Force Majeure', it generally includes events such as natural disasters (e.g., hurricanes, earthquakes, floods), government regulations, or other emergencies. It is important for prospective franchisees to understand what specific events are covered under the definition of Force Majeure in their franchise agreement to be aware of their rights and obligations in such situations.