Does Browns Chicken's approval of a site constitute a warranty regarding the suitability of the premises?
Browns_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
PROSPECTIVE FRANCHISEE acknowledges and agrees that BROWN's approval of the premises for the Store and any information communicated to PROSPECTIVE FRANCHISEE regarding the premises for the Store do not constitute a representation or warranty of any kind, expressed or implied, as to the suitability of the premises for a Brown's Store or for any other purpose.
BROWN's approval of the premises indicates only that BROWN believes that the premises falls within the acceptable criteria established by BROWN as of the time period encompassing the evaluation.
Source: Item 23 — RECEIPT (FDD pages 43–202)
What This Means (2025 FDD)
According to Browns Chicken's 2025 Franchise Disclosure Document, Browns Chicken's approval of a site does not constitute a warranty regarding the suitability of the premises for a Browns Chicken store or any other purpose. Browns Chicken's approval only indicates that the company believes the site meets its acceptable criteria at the time of evaluation.
Browns Chicken and the prospective franchisee acknowledge that the criteria used for other sites may not accurately predict the potential of all sites. Demographic and economic factors, including competition, can change after Browns Chicken approves a site, which could alter the site's potential. Browns Chicken does not control these factors and will not be responsible if an approved site fails to meet the franchisee's expectations for revenue or operational criteria.
The prospective franchisee acknowledges that their decision to operate a Browns Chicken store at the premises is based on their own independent investigation of the site's suitability. This means the franchisee is responsible for conducting their own due diligence to determine if the location is appropriate for their business, regardless of Browns Chicken's approval. Browns Chicken provides site selection criteria in writing upon execution of the Preliminary Agreement.