What are the Browns Chicken franchisee's obligations regarding equipment, fixtures, furniture, and signs, as described in Item 8, and how does this relate to the franchisor's assistance in Item 11?
Browns_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
any such modifications become necessary and will not violate any applicable ordinance, building code, zoning code, permit, or lease requirement or restriction.
5. EQUIPMENT, FIXTURES, FURNITURE AND SIGNS.
Franchisee agrees to use in the operation of the Store only those brands, types and/or models of equipment for the preparation, dispensing, storage, display and delivery of food and beverages, cash registers, fax machine, lap-top computer, and other equipment, fixtures, furniture, and signs that Brown has approved as meeting its specifications and standards.
Brown's specifications and standards may include minimum standards for design, appearance, function, performance, serviceability and warranties. Franchisee may purchase or lease approved brands, types and/or models of equipment, fixtures, furniture, and signs from any source. If Franchisee proposes to purchase or lease any brand, type and/or model of equipment, fixture, furniture, or sign not then approved by Brown, Franchisee shall first notify Brown in writing and shall submit to Brown upon its request sufficient specifications, photographs, drawings and/or other information or samples for a determination by Brown of whether such brand, type and/or model of equipment, fixture, furniture or sign meets its specifications and standards. Brown shall notify Franchisee within a reasonable time whether it approves such brand, type and/or model of equipment, fixture, furniture, or sign. No vending machines, unapproved newspapers or periodicals, juke boxes or other music producing machines, gum or candy machines, games, pinball machines or other mechanical devices (including pay telephones and cigarette vending machines) shall be installed or operated at the Store without Brown's prior written consent.
6. LOCATION AND RELOCATION OF STORE.
- A. Location. The Franchise is granted for, and Franchisee may operate the Store only at, the location and the Premises herein identified or a substitute location and/or the Premises hereafter approved by Brown. Franchisee acknowledges that Franchisee has independently evaluated the location of the Store prior to the execution of this Franchise Agreement, including the demographic characteristics of the area in which the Store is located.
- B. Relocation. If Franchisee's lease for the Premises expires or terminates without fault of Franchisee, or if the Premises is damaged, condemned or otherwise rendered unusable, or if, in the judgment of Brown and Franchisee, there is a change in character of the location of the Store sufficiently detrimental to its business potential to warrant its relocation, Brown will grant permission for relocation of the Store to a location and premises approved by Brown, in its sole discretion. Any such relocation shall be at Franchisee's sole expense. Brown shall have the right to charge Franchisee for services Brown renders to Franchisee in connection with such relocation. Brown shall also have the right to require Franchisee to upgrade the relocated Store to conform to Brown's then current image, standards, and specifications for construction and equipment for all new BROWN's Stores.
What This Means (2025 FDD)
According to the 2025 Browns Chicken FDD, franchisees are obligated to use only approved brands, types, and models of equipment, fixtures, furniture, and signs that meet Browns Chicken's specifications and standards. These standards may include minimum requirements for design, appearance, function, performance, serviceability, and warranties. Franchisees can purchase or lease these approved items from any source. If a franchisee wants to use a brand or model not already approved, they must notify Browns Chicken in writing and submit detailed information for approval. Browns Chicken will then determine if the item meets their standards.
Browns Chicken also provides guidance to franchisees regarding purchasing approved equipment, furniture, furnishings, and signs. This assistance is part of the operating support Browns Chicken offers, which includes advice and guidance on various aspects of store operation. This support is typically provided through the Browns Chicken Operating Manual, bulletins, written materials, and consultations.
Furthermore, Browns Chicken retains the right to ensure that the appearance and condition of the premises, including equipment, fixtures, furniture, and signs, meet their standards. If Browns Chicken finds any deficiencies, they will notify the franchisee, who must then take corrective action. If the franchisee fails to do so, Browns Chicken has the right to perform the maintenance or refurbishing themselves, with the franchisee bearing the costs. Franchisees must also obtain prior written approval from Browns Chicken before making any material alterations or replacements to the store's equipment, fixtures, furniture, or signs.