Can Browns Chicken enter the former store premises to make alterations?
Browns_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
vent any possibility of confusion by the public (including, without limitation, removal of all distinctive physical
and structural features identifying BROWN's Stores and removal of all distinctive signs and emblems). Franchisee shall, at Franchisee's expense, make such specific additional changes as Brown may reasonably request for this purpose. If Franchisee fails to initiate immediately or complete such alterations within such period of time as Brown deems appropriate, Franchisee agrees that Brown or its designated agents may enter the premises of the former Store and adjacent areas at any time to make such alterations as Brown deems appropriate to distinguish Franchisee's former Store premises, without liability for trespass. Franchisee expressly acknowledges that failure to make such alterations will cause irreparable injury to Brown and hereby consents to entry, at Franchisee's expense, of any ex parte order by any court of competent jurisdiction authorizing Brown or its agents to take such action, if Brown seeks such an order.
Source: Item 22 — Contracts (FDD page 43)
What This Means (2025 FDD)
According to the 2025 Browns Chicken Franchise Disclosure Document, Browns Chicken has the right to enter the premises of a former store to make alterations under specific circumstances. If a franchisee fails to make necessary alterations to distinguish the former store from other Browns Chicken locations after a relocation, Browns Chicken can enter the premises to make those alterations. This is to prevent public confusion and protect Browns Chicken's brand identity.
This provision is significant for a Browns Chicken franchisee because it emphasizes the importance of maintaining brand consistency and preventing consumer confusion, even after a store has relocated. The franchisee is initially responsible for making the required alterations at their own expense. However, if they fail to do so promptly, Browns Chicken can step in and complete the work, with the franchisee ultimately bearing the costs.
The FDD also states that Browns Chicken can enter the leased premises to make modifications necessary to protect their trademarks or to cure any default under the Franchise Agreement or the Lease. This clause protects Browns Chicken's brand and ensures compliance with the franchise agreement.
This ability to enter and alter premises is a protective measure for Browns Chicken, ensuring brand standards are upheld and preventing potential damage to their reputation due to a poorly maintained or improperly de-identified former location. Franchisees should be aware of these conditions and the potential financial implications of non-compliance.