factual

What financial responsibility and economic capability requirements must an assignee meet to perform Bonchon's obligations under the Franchise Agreement?

Bonchon Franchise · 2025 FDD

Answer from 2025 FDD Document

or any other location we designate, at the date and time we reasonably request, without expense to us. We may determine to meet with your proposed assignee at his, her or its principal

  • place of business or residence and, if we do, you will reimburse us for all travel, lodging, meal and personal expenses related to such meeting.
  • C. That the proposed assignee has the organizational, managerial and financial structure, financial resources and capital required to conduct the franchised Business in accordance with such standards and the satisfaction of such conditions as we indicate from time to time, taking into account such factors (among others) as the number of Restaurants and market areas involved and their geographic proximity.
  • D. That the proposed assignee comply with our ownership requirements relative to the control of the proposed assignee and the franchised Business.
  • E. That the proposed assignee and/or his, her or its proposed Operating Principal attend and receive certification in safe food handling from a state-approved food safety program and attend and successfully complete our Initial Training Program or Partner Training Program (as applicable) before the assignment, and any other training that we reasonably require, at the assignee's expense (which will include our then-current training fee and the cost of the trainee's transportation, lodging, food and other living expenses). Each individual undergoing such training must first execute the Confidentiality/Non-Competition Agreement substantially in the form of Exhibit E. We may waive these requirements if the proposed assignee is one of our existing franchisees in good standing.
  • F. That the lessor or sublessor of your Bonchon Restaurant Location consents in writing to the assignment of your lease to the proposed assignee.
  • G. That, as of the date of the assignment, you have cured any existing defaults under any provisions of this Agreement or any other agreement or arrangement with us or our affiliates, and have fully satisfied in all respects all of your accrued and/or then-current monetary and other obligations to us and our affiliates (under this Agreement or otherwise), all sources of financing of your franchised Business and all material sources of supply of your franchised Business.
  • H. That the assignee executes a new Bonchon Franchise Agreement, and all other agreements required of new franchisees, in the form and on the terms and conditions we then offer to prospective franchisees, which terms and conditions may vary significantly from this Agreement.

Source: Item 23 — RECEIPTS (FDD pages 92–536)

What This Means (2025 FDD)

According to Bonchon's 2025 Franchise Disclosure Document, a proposed assignee must demonstrate the organizational, managerial, and financial structure, financial resources, and capital required to conduct the franchised business according to Bonchon's standards. Bonchon will consider factors such as the number of restaurants and market areas involved, as well as their geographic proximity, when evaluating the assignee's capabilities.

Furthermore, the proposed assignee must comply with Bonchon's ownership requirements related to the control of the assignee and the franchised business. The assignee, or their Operating Principal, must also attend and successfully complete Bonchon's Initial Training Program or Partner Training Program, as applicable, and any other reasonably required training, at the assignee's expense, including training fees and associated costs like transportation, lodging, and food. Each individual undergoing training must execute a Confidentiality/Non-Competition Agreement.

Bonchon may waive these requirements if the proposed assignee is an existing franchisee in good standing. Additionally, the lessor or sublessor of the Bonchon Restaurant location must provide written consent to the assignment of the lease to the proposed assignee. The assignee is required to execute a new Bonchon Franchise Agreement with terms and conditions that may differ significantly from the original agreement, although they will not be obligated to pay another Initial Franchise Fee. The term of the new Franchise Agreement will be equal to the balance of the term of the original agreement. If the proposed assignee is a business entity, Bonchon has the right to require any owners or other parties with an interest in the assignee or the location to execute a guarantee.

In practical terms, this means that if a franchisee wants to sell their Bonchon restaurant, the person or entity buying it must meet Bonchon's current standards for new franchisees. This includes having sufficient financial resources, undergoing training, and agreeing to the terms of Bonchon's current franchise agreement. The financial and operational capabilities of the assignee are crucial for Bonchon to maintain its brand standards and ensure the continued success of the franchise system.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.