If Bonchon assumes the lease and then reassigns it, what are Bonchon's obligations under the lease after the reassignment?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
If Franchisor assumes the obligations of and replaces Tenant as the lessee under the Lease and then subsequently reassigns the Lease to another franchisee, licensee, joint venture partner or other designee of Franchisor, upon any such reassignment, Franchisor shall be released from all prospective obligations of the lessee.
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, if Bonchon assumes the obligations of the lease, replacing the franchisee as the lessee, and subsequently reassigns the lease to another franchisee, licensee, joint venture partner, or other designee, Bonchon is released from all future obligations as the lessee.
This provision protects Bonchon from long-term liabilities associated with the lease once they reassign it. For a potential franchisee, this clause is important because it clarifies the circumstances under which Bonchon might take over a lease and what happens if they reassign it. It also highlights that Bonchon's involvement in the lease, either through assumption or reassignment, does not create any direct obligations for Bonchon to the landlord unless explicitly stated in a lease rider.
This arrangement is somewhat typical in franchising, where the franchisor wants to maintain control and flexibility over restaurant locations without being indefinitely tied to lease obligations. Franchisees should carefully review the lease agreement and any related riders to fully understand their obligations and the franchisor's rights and responsibilities.