After a Bonchon inspection, what is a franchisee required to do regarding corrections and modifications?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
stating that the as-built plans for the Restaurant fully comply with the ADA; the architectural guidelines under the ADA; and, all other laws, rules, regulations, codes and ordinances applicable to the Restaurant.
We will have the right, but not the obligation, to conduct a final inspection of the completed Restaurant before it opens. We may require any corrections and modifications we and/or our designees consider reasonable and necessary to bring the Restaurant into compliance with the plans and specifications we approved. The Restaurant will not be allowed to open if the Restaurant does not conform to the approved plans and specifications, including changes thereto that we may approve.
6.06 Maintaining and Refurbishing Your Bonchon Restaurant
You shall at all times maintain at your sole expense the interior and exterior of your franchised Bonchon Restaurant and the entire franchised Restaurant Location, including the parking lot, if any, and walkways and any other facilities used by the franchised Business, in first class condition and repair, and in compliance with all applicable laws, rules, regulations and our Manuals, except to the extent that we may otherwise expressly agree in writing.
We have the right to require you once during the Initial Term of this Agreement and each Successor Term, at your sole expense, to update, remodel, refurbish, renovate, modify or redesign your Bonchon Dine-In, Fast Casual and/or Delivery and Carryout Only Restaurant so that it reflects our then-current standards. You will be required to use the general contractor that we designate to
refurbish your Restaurant. If you would like to use an alternative general contractor, then you must submit to us (i) (for our approval) the name of your proposed general contractor and any other information that we may require to assess whether your proposed architect meets our then-current standards and specifications; and (ii) the General Contractor Evaluation Fee. The General Contractor Evaluation Fee is payable at the time you submit your request to use an alternate general contractor and is nonrefundable. Bonchon will review and communicate its decision as to whether your request is approved or rejected within three (3) weeks of the date that you submit all information that we need to evaluate your proposed general contractor. If we do not respond to your request in the allotted timeframe, then you are prohibited from using the proposed general contractor.
You will have 120 days following your receipt of our notice to refurbish your Restaurant to comply with our direction. If any such direction of ours requires you to expend more than $30,000 to effect the directed activity, then you will have 180 days following your receipt of our notice to comply with our direction.
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, Bonchon retains the right to conduct a final inspection of the completed restaurant before its opening. Following this inspection, Bonchon may mandate corrections and modifications deemed reasonable and necessary to ensure the restaurant aligns with the approved plans and specifications. The restaurant is not permitted to open if it fails to conform to these approved plans, including any changes that Bonchon may approve.
This stipulation ensures that each Bonchon restaurant adheres to the brand's standards and specifications, maintaining uniformity across all locations. For a prospective franchisee, this means being prepared to make any required adjustments before opening, which could potentially involve additional costs and time. It is crucial to maintain open communication with Bonchon during the construction and setup phases to minimize potential discrepancies and ensure a smooth opening process.
Furthermore, franchisees must continuously maintain the interior and exterior of their Bonchon restaurant, including parking lots and walkways, in first-class condition and in compliance with all applicable laws, rules, regulations, and the standards outlined in Bonchon's manuals. This ongoing maintenance is at the franchisee's sole expense. Bonchon also retains the right to modify the Bonchon System, which may include changes to products, services, standards, and even the restaurant's trade dress. Franchisees are obligated to implement these modifications as if they were part of the original agreement.
Bonchon also has the right to inspect a franchisee's restaurant at any reasonable time, with or without notice, and to take samples for testing to ensure compliance with standards and specifications. Franchisees may be required to bear the costs of such testing if the supplier of the item has not been previously approved or if the sample fails to conform to Bonchon's specifications. These measures ensure that all Bonchon restaurants consistently meet the brand's quality and operational standards.