Under what conditions will a change, modification, amendment, or waiver of any provision of the Bonchon franchise agreement be considered effective and binding?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
the System, this Agreement, the Manuals and any Supplements to the Manuals may damage the reputation and goodwill enjoyed by
the Bonchon network and the Proprietary Marks.
8.03 Modifications to the Bonchon System
In the exercise of our sole business judgment, we may from time to time modify any components of the Bonchon System and requirements applicable to you by means of Supplements to the Manuals or otherwise, including, but not limited to, altering the products, services, programs, methods, standards, accounting and computer systems, forms, policies and procedures of the Bonchon System; adding to, deleting from or modifying the products and services which your franchised Business is authorized and required to offer; modifying or substituting the equipment, signs, trade dress and other Restaurant characteristics that you are required to adhere to (subject to the limitations set forth in this Agreement); requirements pertaining to capturing and relaying to us customer information and data; and, changing, improving, modifying or substituting for the Proprietary Marks. For example, we may require you to institute drive-through and/or delivery services at and/or from your Restaurant. If you are operating a Remote Kitchen Restaurant, we may require that you comply with operating standards different from those we prescribe for Dine-In, Fast Casual and Delivery and Carryout Only Restaurants (subject to any restrictions, imposed on you by the lease agreement, occupancy agreement, or other agreement under which you have the right to possess and operate the Bonchon Business at the Remote Kitchen location), including, without limitation, (i) implementing different hours of operation; and (ii) using vendors and/or paying for technologies and services that are not standard for Dine-In, Fast Casual and Delivery and Carryout Restaurants. You agree to implement any such System modifications as if they were part of the System at the time you signed this Agreement.
You acknowledge that because uniformity under many varying conditions may not be possible or practical, we reserve the right to materially vary our standards or franchise agreement terms for any franchised Bonchon Business, based on the timing of the grant of the franchise, the peculiarities of the particular territory or circumstances, business potential, population, existing business practices, other non-arbitrary distinctions or any other condition which we consider important to the successful operation of the franchised Bonchon Business. You will have no right to require us to disclose any variation or to grant the same or a similar variation to you.
8.04 Cobranding
We may determine from time to time to incorporate in the Bonchon System products or services which we either develop or otherwise obtain rights to, which are offered and sold under names, trademarks and/or service marks other than the Proprietary Marks and which your Bonchon Business, along with other Bonchon Businesses, will be required to offer and sell.
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, Bonchon retains the right to modify the Bonchon System and its requirements applicable to franchisees. These modifications can include changes to products, services, programs, methods, standards, accounting and computer systems, forms, policies, and procedures. Bonchon may also alter the products and services offered, modify equipment, signs, trade dress, and other restaurant characteristics. These changes can be implemented through supplements to the manuals or other means. Franchisees are expected to implement these system modifications as if they were part of the system at the time the agreement was signed.
Bonchon also reserves the right to vary its standards or franchise agreement terms for any franchised Bonchon business. This can be based on factors such as the timing of the franchise grant, the territory's peculiarities, business potential, population, existing business practices, or other non-arbitrary distinctions. Franchisees do not have the right to require Bonchon to disclose any such variations or grant similar variations to them.
Regarding the assignment of a Bonchon franchise, if the terms specified in a franchisee's notice to Bonchon are changed, the changed terms will be considered a new offer, giving Bonchon a new right of first refusal. Bonchon's election not to exercise its right of first refusal for any offer does not affect its right of first refusal for any later or modified offer. Furthermore, if Bonchon does not exercise its right of first refusal, this does not constitute approval of the proposed transferee, assignee, redemption, or the transaction itself. The franchisee and any proposed assignee must comply with all criteria and procedures for assignment specified in the franchise agreement.