What are the specific obligations of a Bonchon franchisee regarding the maintenance of insurance coverage (Item 9), and how does the franchisor ensure compliance with these obligations?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 23: RECEIPTS]
9. INSURANCE
9.01 Your Required Insurance Coverage
- A. Within ten days following our execution of this Agreement, and thereafter at all times throughout the term of this Agreement, you agree to purchase at your own expense, and maintain in effect at all times, the following categories of insurance coverage in forms and through insurance companies satisfactory to us:
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- Broad form comprehensive general liability coverage, and broad form contractual liability coverage of at least $2,000,000 aggregate and at least $1,000,000 per occurrence. This insurance may not have a deductible or selfinsured retention of over $5,000.
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- Special cause of loss coverage forms (sometimes called "All Risk Coverage") on your Bonchon Restaurant and all fixtures, equipment, supplies and other property used in the operation of the Restaurant, for full repair and replacement value of the machinery, equipment and improvements, including full coverage for loss of income resulting from damage to the Restaurant.
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- Dram Shop Liquor Liability Insurance with limits not less than $1,000,000 per occurrence and in the aggregate.
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- Business interruption insurance in sufficient amounts to cover your Bonchon Restaurant rental expenses, maintenance of competent personnel and other fixed expenses (including payment of Continuing Royalties to us) for a minimum of 12 months loss of income.
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- If any vehicle is operated in connection with the Business, automobile liability insurance with a combined single limit of $1,000,000 for any owned, hired, or non-owned automobile used in your business.
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- Workers Compensation Insurance providing Statutory Benefits, as required by applicable state law, and Employer's Liability Insurance: Bodily Injury by Accident $1,000,000 Each Accident; Bodily Injury by Disease $1,000,000
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Policy Limit; Bodily Injury by Disease $1,000,000 Each Employee. The Workers Compensation policy coverage shall include coverage for all states in which operations are conducted.
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- In connection with the construction, refurbishment, renovation or remodeling of your franchised Bonchon Restaurant, builders' and/or contractor's insurance (as applicable) and performance and completion bonds in forms and amounts acceptable to us.
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- Insurance coverage of such types, nature and scope sufficient to satisfy your indemnification obligations under this Agreement (including, without limitation, insurance coverage to indemnify us from any claims alleging your violation of federal, state or local labor and/or wage and hour laws, rules or regulations).
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- Umbrella liability coverage in no event less than $2,000,000.
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- Employment practices liability insurance with a limit of not less than $250,000 (claims made policy form is acceptable).
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- All other insurance required under applicable state law or local authority.
For the avoidance of doubt, you must secure all necessary insurance coverage, including (but not limited to), worker's compensation, disability and general liability, prior to and in order secure coverage for your actions and omissions during the Initial Training Program or Partner Training Program (as applicable). These coverage requirements are subject to change. If you are operating a Remote Kitchen Restaurant, you may be required to procure and maintain additional insurance coverage pursuant to the terms of the lease for your Restaurant Location. You agree to procure and maintain such additional insurance coverage in accordance with the terms of the lease for your Restaurant Location.
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, franchisees are obligated to maintain specific insurance coverage throughout the term of the Franchise Agreement. Within ten days of signing the agreement, a Bonchon franchisee must secure and maintain several types of insurance coverage from providers that meet Bonchon's criteria. These include broad form comprehensive general liability insurance ($2,000,000 aggregate/$1,000,000 per occurrence with a maximum $5,000 deductible), special cause of loss coverage for the restaurant, dram shop liquor liability insurance ($1,000,000 per occurrence/aggregate), business interruption insurance (covering rental expenses, personnel, and royalties for at least 12 months), and automobile liability insurance ($1,000,000 combined single limit).
Additionally, franchisees must maintain workers compensation insurance as required by state law, builder's and/or contractor's insurance, insurance to satisfy indemnification obligations, umbrella/excess liability policy ($2,000,000 per occurrence/aggregate), and employment practices liability insurance ($250,000 limit). The franchisee is also responsible for securing any other insurance required by applicable state or local law. These coverage requirements may change, and additional insurance may be required for Remote Kitchen Restaurants per the lease terms.
To ensure compliance, Bonchon requires franchisees to provide evidence of insurance coverage. While Item 23 details various grounds for termination related to a franchisee's conduct, the provided excerpts do not explicitly state how Bonchon monitors or enforces the insurance requirements. A prospective franchisee should seek clarification from Bonchon regarding the specific mechanisms used to verify and maintain compliance with these insurance obligations, such as periodic submission of insurance certificates or direct communication with the insurance providers.