Who does the Bonchon franchise agreement bind and benefit, besides the parties involved?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement will be binding upon and inure to the benefit of the parties, their heirs, successors and assigns.
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, the franchise agreement is binding upon and benefits the parties involved, as well as their heirs, successors, and assigns. This means that the obligations and benefits outlined in the agreement extend not only to Bonchon and the franchisee but also to those who inherit their rights or to whom they legally transfer their interests.
This clause ensures that the agreement remains effective even if the original parties are no longer directly involved. For example, if a franchisee passes away, their heirs would inherit the rights and responsibilities under the franchise agreement. Similarly, if Bonchon were to be acquired by another company, the new company would assume Bonchon's obligations and benefits under the existing franchise agreements.
However, Bonchon emphasizes that all obligations under the agreement are solely to the franchisee, and no other party can enforce or seek relief for any breach. This is further reinforced by the franchisee's promise not to assert any claims that would position them as an agent, legal representative, or employee of Bonchon, protecting Bonchon from potential liabilities related to the franchisee's operations.
Additionally, the franchisee must indemnify and defend Bonchon and its affiliates against any claims arising from such assertions. This comprehensive approach ensures that the franchise agreement remains enforceable and protects Bonchon's interests while also providing clarity on the scope of obligations and benefits for all involved parties and their successors.