In the event of an assignment by Bonchon, who will perform the duties and obligations, and can the franchisee assert otherwise?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
We have the right to delegate the performance of any portion or all of our obligations under this Agreement to third party designees, whether these designees are our agents or independent contractors with whom we have contracted to perform these obligations. If we do so, such third-party designees will be obligated to perform the delegated functions for you in compliance with this Section 12.01.
You acknowledge and agree, and will never contend otherwise, that our authority under this Agreement to certify certain of your employees for qualification to perform certain functions for your franchised Bonchon Business does not directly or indirectly vest in us the power to hire, fire or control any such employee.
You acknowledge and agree, and will never contend otherwise, that you alone will exercise day-today control over all operations, activities and elements of your franchised Business and that under no circumstance shall we do so or be deemed to do so. You further acknowledge and agree, and will never contend otherwise, that the various requirements, restrictions, prohibitions, specifications and procedures of the Bonchon System which you are required to comply with under this Agreement, whether set forth in our Manuals or otherwise, do not directly or indirectly constitute, suggest, infer or imply that we control any aspect or element of the day-to-day operations of your franchised Business, which you alone control, but only constitute standards you must adhere to when exercising your control of the day-to-day operations of your franchised Business.
You may not, without our prior written approval, have any power to obligate us for any expenses, liabilities or other obligations, other than as specifically provided in this Agreement. Except as expressly provided in this Agreement, we may not control or have access to your funds or the expenditure of your funds or in any other way exercise dominion or control over your Business. Except as otherwise expressly authorized by this agreement, neither party will make any express or implied agreements, warranties, guarantees or representations or incur any debt in the name of or on behalf of the other party, or represent that the relationship between us and you is other than that of franchisor and franchisee. We do not assume any liability, and will not be considered liable, for any agreements, representations, or warranties made by you which are not expressly authorized under this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, Bonchon has the right to delegate the performance of any portion or all of their obligations under the agreement to third-party designees, who may be agents or independent contractors. These designees are then obligated to perform the delegated functions for the franchisee.
As a Bonchon franchisee, you acknowledge and agree that you will never contend that Bonchon's authority to certify certain employees for specific functions within your franchised business gives Bonchon the power to hire, fire, or control any such employee. The franchisee maintains day-to-day control over all operations, activities, and elements of the franchised business.
Furthermore, the franchisee acknowledges and agrees that the requirements, restrictions, prohibitions, specifications, and procedures of the Bonchon System do not imply that Bonchon controls any aspect of the day-to-day operations. These elements only constitute standards that the franchisee must adhere to while controlling the business's daily operations. The franchisee cannot obligate Bonchon for any expenses, liabilities, or other obligations, except as specifically provided in the agreement, and Bonchon does not assume liability for any unauthorized agreements, representations, or warranties made by the franchisee.