Does Bonchon require that the Participating Franchisee's execution, delivery, and performance of the Pepsi-Cola agreement not violate any agreements with competitive beverage suppliers such as The Coca-Cola Company and/or Keurig Dr Pepper Inc.?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
The undersigned as Participating Franchisee represents and warrants to Pepsi-Cola that:
- (i) execution, delivery and performance of this Agreement by Participating Franchisee will not violate any agreements with, or rights of, third parties, including but not limited to Participating Franchisee's agreements with competitive beverage suppliers, i.e., with The Coca-Cola Company and/or Keurig Dr Pepper Inc.., and their respective affiliates, bottlers, distributors, subsidiaries and joint ventures; and
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, franchisees entering into an agreement with Pepsi-Cola must ensure that doing so does not violate any existing agreements with competing beverage suppliers. Specifically, the franchisee represents and warrants to Pepsi-Cola that their execution, delivery, and performance of the agreement will not violate any agreements with competitive beverage suppliers such as The Coca-Cola Company and/or Keurig Dr Pepper Inc., including their affiliates, bottlers, distributors, subsidiaries, and joint ventures.
This requirement protects Pepsi-Cola from potential legal issues that could arise if a Bonchon franchisee is already bound by an agreement to sell or promote the products of a competitor. It ensures that the franchisee is free to fully comply with the terms of the Pepsi-Cola agreement without conflicting with prior obligations.
For a prospective Bonchon franchisee, this means carefully reviewing any existing beverage supply agreements before signing the Pepsi-Cola agreement. Franchisees must disclose any potential conflicts and ensure they can legally fulfill the obligations to Pepsi-Cola. Failure to do so could result in a breach of contract with either Pepsi-Cola or the other beverage supplier, leading to potential legal and financial repercussions.