Where can I find details regarding the renewal of a Browns Chicken franchise?
Browns_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
nd diligently perform his obligations hereunder, and that he will continuously exert his best efforts to promote and enhance the business of the Store and the goodwill of the Marks.
B. Renewal Of Franchise.
(1) Franchisee's Right to Renew.
Upon expiration of the initial term of the Franchise or any renewal term of the Franchise, if:
- a. Brown is then offering franchises for BROWN'S Stores in the state where the Store is located; and
- b. Franchisee has substantially complied with this Agreement (or the then-effective franchise agreement) during its term; and
- c. Franchisee is not in default under or in any violation of any term of any other franchise agreement, lease, or other agreement with Brown;
- d. Franchisee maintains possession of and remodels and/or expands the Premises, adds or replaces equipment, fixtures, furnishings, furniture and signs and otherwise modifies the Store to bring it into compliance with specifications and standards then applicable under new or renewal franchises for BROWN'S Stores; or if Franchisee is unable to maintain possession of the Premises, or in the judgment of Brown, the Store should be relocated. Franchisee has secured substitute premises in compliance with specifications and standards then applicable under new or renewal franchises for BROWN'S Stores; and
- e. Franchisee complies with Brown's then-current qualification and training requirements,
then Franchisee shall have the right to renew the Franchise for a renewal term of one (1) to five (5) years on the terms and conditions described below.
Notwithstanding the foregoing renewal provisions, if upon the expiration of the term of the Franchise or of any renewal term of the Franchise: (1) Franchisee has not, in Brown's judgment, updated the equipment, fixtures, furniture and signs and otherwise modified the Store to meet the specifications and standards then applicable under new franchises for BROWN'S Stores; or (2) Franchisee has failed to pay consistently when due any royalty fees, advertising
contributions or other payments due to Brown; or (3) Franchisee has failed to submit consistently when due reports or other data, information, supporting records or financial statements: then Brown may, in its-sole discretion, renew the Franchise only for a one (1) year term or for a term shorter than one (1) year, in Brown's sole discretion, on the terms and conditions provided in Brown's then standard franchise agreement for BROWN'S Stores (with appropriate modifications to reflect that it is for a renewal term).
(2) Notice Of Renewal and Non-Renewal.
Brown and Franchisee each agree to give the other not less than six (6) and not more than twelve (12) months prior written notice of an election not to renew the Franchise. A notice of election by Brown not to renew the Franchise shall state the reason for the non-renewal. If the Franchise is not renewed, Franchisee must comply with Section 21 of this Agreement. If Franchisee intends to renew the Franchise, Franchisee shall give written notice of such intent to renew to Brown not less than six (6) nor more than twelve (12) months prior to the expiration of the term of the Franchise Agreement then in effect. In the event Franchisee fails to give Brown notice as provided in this Paragraph of its intent to renew the franchise, Brown need not renew the Franchise Agreement.
(3) Renewal Agreements/Releases.
To renew the Franchise: (i) Brown and Franchisee shall execute the form of standard franchise agreement and any ancillary agreements then customarily used by Brown (with appropriate modifications to reflect the fact that the Agreement relates to the renewal of the Franchise, including the length of the renewal term), which agreements may contain substantially different provisions from this Agreement, including higher or lower royalty fees and Advertising Fund contributions; (ii) Franchisee and its owners shall execute general releases, in a form satisfactory to Brown, of any and all claims against Brown and its officers, directors, employees, and agents; and (iii) Franchisee shall pay a renewal fee of Five Thousand Dollars ($5,000). Failure by Franchisee and its owner to sign such agreements and releases within thirty (30) days after their delivery to Franchisee shall be deemed an election by Franchisee not to renew the Franchise.
(4) BROWN'S Option to Extend Term
Brown may in its sole discretion extend this Agreement's term for the time period necessary to either give Franchisee reasonable time to correct deficiencies or to give Brown adequate time to give notice to Franchisee of Brown's refusal to grant a successor franchise as required under this Agreement or under applicable law.
Source: Item 22 — Contracts (FDD page 43)
What This Means (2025 FDD)
According to the 2025 Browns Chicken Franchise Disclosure Document, details regarding franchise renewal can be found in Item 22, specifically under section B, titled "Renewal Of Franchise."
To be eligible for renewal, Browns Chicken requires that (1) Browns Chicken is offering franchises in the state where the store is located, (2) the franchisee has substantially complied with the franchise agreement, (3) the franchisee is not in default of any agreements with Browns Chicken, (4) the franchisee maintains possession of the premises and updates the store to meet current standards, or secures a substitute premises if necessary and (5) the franchisee complies with current training requirements. Even if these conditions are met, Browns Chicken retains the right to offer only a one-year renewal term if the franchisee has not updated the store, has been inconsistent with payments, or has failed to submit required reports.
The Browns Chicken FDD also specifies the process for renewal, including providing written notice of intent to renew between six and twelve months before the expiration of the current term. To finalize the renewal, the franchisee must execute the current standard franchise agreement, sign general releases of claims against Browns Chicken, and pay a renewal fee of $5,000. Browns Chicken also retains the option to extend the agreement to allow the franchisee time to correct deficiencies or to provide notice of refusal to grant a successor franchise.