Does the Bonchon franchisee represent that there are any pending or threatened legal actions that could affect their ability to fulfill the Franchise Agreement?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
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- As of the date of execution of this Agreement, there are no actions, suits, proceedings or investigations pending or, to your knowledge or the knowledge any of your officers, directors, principal shareholders, proprietors, partners, members, managers, guarantors, shareholders, or any other owner or a direct or indirect, partial or whole interest in you (as applicable), after due inquiry, threatened, in any court or arbitral forum, or before any governmental agency or instrumentality, nor to the best of your knowledge or the knowledge of any such persons or entities (after due inquiry) is there any basis for any claim, action, suit, proceeding or investigation which affects or could affect, directly or indirectly, any of your assets, properties, rights or business; your right to operate and use your assets, properties or rights to carry on your business; and/or, which affects or could affect your right to assume and carry out in all respects the duties, obligations and responsibilities specified in this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to the 2025 Bonchon Franchise Disclosure Document, the franchisee represents and warrants that, as of the execution date of the Franchise Agreement, there are no pending or threatened legal actions, suits, proceedings, or investigations that could affect their ability to fulfill the agreement. This includes any actions in court, arbitration, or before any governmental agency. This representation extends to the franchisee's knowledge, as well as the knowledge of their officers, directors, principal shareholders, partners, members, managers, guarantors, and any other owner with a direct or indirect interest in the franchisee's business.
Furthermore, the franchisee also warrants that there is no basis for any claim, action, suit, proceeding, or investigation that could affect their assets, properties, rights, or business. This also includes their right to operate and use their assets, properties, or rights to carry on their business, and their ability to fulfill the duties, obligations, and responsibilities specified in the Franchise Agreement. This representation is critical for Bonchon as it ensures that the franchisee is entering the agreement without any known legal impediments that could hinder their performance.
This provision protects Bonchon by ensuring that the franchisee is not aware of any existing or potential legal issues that could disrupt the operation of the franchise. It also allows Bonchon to rely on the franchisee's due diligence in assessing their own legal standing before entering into the agreement. If the franchisee breaches this representation, it could have legal consequences and potentially lead to termination of the agreement.