For Bhc, under what circumstances does the obligation to remain open not apply?
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, the standard obligation for a franchisee to keep their restaurant open full-time according to the hours designated by Bhc does not apply if the franchisee experiences a Force Majeure.
A Force Majeure event is generally understood as an unforeseeable circumstance that prevents someone from fulfilling a contract. Common examples include natural disasters, war, or government regulations that make it impossible to operate the business.
This clause protects Bhc franchisees from being penalized for temporary closures due to events outside their control, providing some flexibility in extraordinary circumstances. However, the FDD does not define what constitutes a Force Majeure, so a prospective franchisee should seek clarification from Bhc on what specific events would qualify under this provision.