If the premises of a Browns Chicken store are damaged, is relocation permitted?
Browns_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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, relocation of a store is permitted if the premises are damaged. Specifically, if the premises are damaged or otherwise rendered unusable, Browns Chicken will grant permission for relocation to a location and premises approved by them. However, the relocation will be at the franchisee's sole expense. Browns Chicken also has the right to charge the franchisee for services rendered in connection with the relocation.
Furthermore, Browns Chicken has the right to 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. This could potentially add significant costs to the relocation process.
In the event of relocation, the franchisee is responsible for removing all signs, fixtures, and other items displaying Browns Chicken's marks from the former premises. The franchisee must also modify the former premises to clearly distinguish it from its former appearance and other Browns Chicken stores to prevent public confusion. Failure to properly de-identify the former store premises could result in Browns Chicken revoking permission for relocation and declaring a default under the Franchise Agreement.