What happens if a Browns Chicken franchisee refuses to initiate maintenance after receiving notice?
Browns_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
If, at any time, in Brown's reasonable judgment, the general state of repair or the appearance of the Premises or the Store's equipment, fixtures, furniture, signs or decor does not meet Brown's standards therefor, Brown shall so notify Franchisee, specifying the action to be taken by Franchisee to correct such deficiency. If Franchisee fails or refuses to initiate within thirty (30) days after receipt of notice from Brown, and thereafter continue in good faith and with due diligence, a bona-fide program to undertake any required maintenance or refurbishing, Brown shall have the right to enter upon the Premises and effect such maintenance or refurbishing on behalf of Franchisee, and Franchisee shall pay the entire costs thereof on demand. Franchisee's obligation to initiate and continue any required maintenance or refurbishing shall be suspended during any period in which such maintenance or refurbishing is impractical due to war, civil disturbance, natural disaster, labor dispute or other event beyond Franchisee's reasonable control.
Source: Item 22 — Contracts (FDD page 43)
What This Means (2025 FDD)
According to Browns Chicken's 2025 Franchise Disclosure Document, if Browns Chicken determines that the franchisee's premises or store's equipment does not meet their standards, they will notify the franchisee, specifying the necessary corrective actions. The franchisee then has thirty days to initiate a program to undertake the required maintenance or refurbishing. This program must be pursued in good faith and with due diligence.
If the Browns Chicken franchisee fails or refuses to initiate this maintenance program within the 30-day period after receiving notice, Browns Chicken has the right to enter the premises and perform the maintenance or refurbishing on behalf of the franchisee.
In this case, the franchisee is then obligated to pay the entire costs of the maintenance or refurbishing on demand. However, the franchisee's obligation to initiate and continue the maintenance is suspended during periods when such activities are impractical due to events beyond their control, such as war, civil disturbance, natural disaster, or labor disputes.