For Bonchon, what happens to the service agreement upon expiration of the initial term?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
13. CONDITIONS TO AND PROCEDURES GOVERNING SUCCESSOR TERM
13.01 Conditions to Successor Term
Your right to enter into a Successor Franchise Agreement will be conditioned on the following:
- A. We are still offering franchises in the area in which your Restaurant is located;
- B. You must notify us in writing no more than nine months and no less than six months before the expiration of the Initial Term of this Agreement of your intent to enter into
a Successor Franchise Agreement;
C.
Throughout the Initial Term and at the time of your successor term ("Successor Term") you (and your affiliates) must have performed all of your obligations and been, according to our business judgment, in compliance with the terms of this Agreement, the Manuals and other agreements between you (or your affiliates) and us or our affiliates;
- D.
At the time of your Successor Term you (and your affiliates) must be current on the payment of all monetary obligations to us, our affiliates, the lessor or sublessor of your Bonchon Restaurant and any material third party supplier of yours;
- E.
Before the commencement of the applicable Successor Term, you must, at your cost and expense, refurbish, redesign and/or remodel your franchised Bonchon Restaurant as we reasonably require to meet our then current standards, requirements and specifications (including, without limitation, refurbishing, repairing or replacing all equipment, electronic cash register systems, Computer and Point of Sale System and Other Technology, signs, interior and exterior decor items, fixtures, furnishings, supplies and other products and materials required for the operation of the Restaurant and otherwise upgrading the Restaurant as we reasonably require to reflect our then-current System standards and the image of the System);
- F.
You and/or your Operating Principal (as applicable) and any other management and staff we designate must attend and successfully complete any training that we may reasonably require, at your expense;
- G.
You must pay us a successor term fee of 25% of our then-current Initial Franchise Fee for Bonchon Businesses;
- H.
You must present evidence satisfactory to us that you will be able to renew the lease for your Bonchon Restaurant on terms acceptable both to you and us, or lease a substitute Restaurant Location acceptable to and approved by us, without any interruption of business in compliance with the terms of Section 6.07; and,
- I.
You (and if you are a business entity, your owners) must have signed our then-current form of General Release.
This General Release will not release us, from any future claims related to any Successor Franchise Agreement but will release us, our affiliates, and our respective officers, directors, shareholders, partners, members, agents, representatives, independent contractors, servants and employees, past and present, in their corporate and individual capacities from any and all claims you may have related to this Agreement or under federal, state or local laws, rules, regulations or orders; and,
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, franchisees have the option to enter into a Successor Franchise Agreement under certain conditions. To be eligible for a successor term, Bonchon must still be offering franchises in the area where the restaurant is located. The franchisee must notify Bonchon in writing of their intent to pursue a Successor Franchise Agreement, doing so no more than nine months and no less than six months before the initial term expires.
Throughout the initial term and leading up to the successor term, the franchisee must have fulfilled all obligations and complied with the terms of the Franchise Agreement, manuals, and other related agreements. All monetary obligations to Bonchon, its affiliates, the lessor/sublessor, and material third-party suppliers must be current at the time of the Successor Term.
Before the Successor Term begins, the franchisee is responsible for refurbishing, redesigning, and/or remodeling the Bonchon restaurant to meet the then-current standards and specifications, which may include replacing equipment, updating electronic systems, and refreshing interior and exterior decor. The franchisee and designated personnel must also attend and successfully complete any required training programs at their own expense. Additionally, the franchisee must pay a successor term fee equal to 25% of Bonchon's then-current Initial Franchise Fee. Finally, the franchisee must provide evidence that they can renew the restaurant lease on terms acceptable to both parties or secure a substitute location approved by Bonchon, and they (and their owners, if applicable) must sign Bonchon's current form of General Release. This release covers claims related to the original agreement but not future claims related to the Successor Franchise Agreement.