If a Browns Chicken franchisee's lease is cancelled, can they relocate the store?
Browns_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
- (1) In the event of a relocation of the Store, Franchisee shall promptly remove from the former Store premises any and all signs, fixtures, furniture, posters, furnishings, equipment, menus, advertising materials, stationery, supplies, forms and other articles which display any of the Marks and distinctive features or designs associated with the System. Any articles which display any of the Marks or any distinctive features or designs associated with the System which are not used by Franchisee at the new Store location shall be disposed of by Franchisee as directed by Brown following notice to Brown to the effect such articles will not be used at the new Store. Furthermore, Franchisee shall, at Franchisee's expense, immediately make such modifications or alterations as may be necessary to distinguish the former Store premises so clearly from its former appearance and from other BROWN's Stores so to prevent any possibility of confusion by the public (including, without limitation, removal of all distinctive physical
Source: Item 22 — Contracts (FDD page 43)
What This Means (2025 FDD)
According to Browns Chicken's 2025 Franchise Disclosure Document, a franchisee may be able to relocate their store if their lease expires or terminates without fault, or if the premises becomes unusable due to damage or condemnation. Relocation is also possible if Browns Chicken and the franchisee agree that there's a detrimental change in the location's business potential.
However, any relocation is subject to Browns Chicken's approval, which is at their sole discretion. The franchisee is responsible for all expenses associated with the relocation. Browns Chicken also has the right to charge the franchisee for any services they provide during the relocation process.
Furthermore, Browns Chicken can require the franchisee to upgrade the relocated store to meet the company's current standards for new Browns Chicken locations. The franchisee must also remove all signs and materials displaying Browns Chicken's trademarks from the former location and modify the premises to prevent confusion.
It is important for prospective Browns Chicken franchisees to understand that relocation is not guaranteed and is subject to Browns Chicken's approval and standards, and that the franchisee will bear the financial burden of relocation and potential upgrades.