factual

If the Browns Chicken premises is destroyed, condemned, or rendered unusable, what options are available?

Browns_Chicken Franchise · 2025 FDD

Answer from 2025 FDD Document

any sales achievement or any other contingency.

Location and Relocation of Store.

The Franchise Agreement provides that you may operate the Store only at the location and on the Premises or a substitute location and/or premises subsequently approved by Brown. If your lease for the Premises expires or terminates without your fault, or if the Premises is destroyed, condemned or otherwise rendered unusable, or if in the judgment of Brown and you 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 will be at your sole expense. So long as your substitute location is open and operating within 18 months of the closing of the Store at the Premises, and such substitute location is owned and operated by you or your immediate family members, Brown will consider such relocation to be under the same Franchise Agreement. Otherwise, Brown reserves the right to require you to enter into a new Franchise Agreement and to pay an additional initial franchise fee upon relocation.

Except as limited by your Franchise Agreement, Brown retains all rights with respect to BROWN's Stores, the Marks, and the sale of goods and services including the right to operate or grant to others the right to operate BROWN'S Stores anywhere outside the Territory regardless of its proximity to your Store and on such terms as we deem appropriate.

BROWN (on behalf of itself and its affiliates) retains the right, in its sole discretion:

  • (1) to use other channels of distribution, such as the Internet, catalog sales, telemarketing, or other direct marketing sales, to make sales within the Territory using our principal trademarks;
  • (2) to use other channels of distribution, such as the Internet, catalog sales, telemarketing, or other direct marketing sales, to make sales within the Territory under trademarks different from the ones you will use under the franchise agreement.
  • (3) You will receive no compensation for such sales in the Territory by BROWN.
  • (4) to acquire or be acquired by a company establishing businesses identical or similar to the Store, even if the other business operates, franchises, and/or licenses competitive businesses anywhere, including in close proximity to the Store.

As a quality and service control, Brown policy will permit you to deliver products only if such products can be delivered to the customer within 45 minutes of completion of the frying process and within 20 minutes of leaving the Store.

You may not solicit or accept orders from consumers outside your territory, except under our centralized catering ordering system. You may not use alternative channels of distribution (including use of a toll-free number, catalog, telemarketing, web site, or the Internet, or any other computer on-line service) to make sales anywhere, including outside your territory. You may not utilize Third-Party Delivery Services, except through the applicable Third-Party Delivery Service group account established and controlled by Brown, of which Brown designates.

Source: Item 12 — TERRITORY (FDD pages 30–32)

What This Means (2025 FDD)

According to Browns Chicken's 2025 Franchise Disclosure Document, if the premises is destroyed, condemned, or otherwise rendered unusable, or if the lease expires or terminates without fault of the franchisee, Browns Chicken will grant permission for relocation of the store to a location and premises approved by Browns Chicken.

Any relocation will be at the franchisee's sole expense. Browns Chicken has the right to charge the franchisee for services Browns Chicken renders in connection with such relocation and can also require the franchisee to upgrade the relocated store to conform to Browns Chicken's then-current image, standards, and specifications for construction and equipment for all new Browns Chicken stores.

So long as the substitute location is open and operating within 18 months of the closing of the store at the premises, and such substitute location is owned and operated by the franchisee or their immediate family members, Browns Chicken will consider such relocation to be under the same Franchise Agreement. Otherwise, Browns Chicken reserves the right to require the franchisee to enter into a new Franchise Agreement and to pay an additional initial franchise fee upon relocation. The franchisee must promptly remove all signs, fixtures, and other articles displaying Browns Chicken's marks from the former premises and make necessary modifications to distinguish it from its former appearance.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.