Will modifications to the Browns Chicken Operating Manual alter a franchisee's fundamental rights under the Franchise Agreement?
Browns_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
Brown will permit Franchisee to use, during the term of the Franchise one or more copies of an operating manual, which may consist of one or more manuals and other written materials (the "Operating Manual") for BROWN'S Stores. The Operating Manual shall contain mandatory and suggested specifications, standards, and operating procedures prescribed from time to time by Brown for BROWN'S Stores. Specifications, standards, operating procedures and rules designated as "mandatory" by Brown in the Operating Manual or otherwise communicated to Franchisee in writing shall constitute provisions of this Agreement as if fully set forth herein. All references herein to this Agreement shall include all such mandatory specifications, standards and operating procedures and rules, and Franchisee must comply with such mandatory specifications, standards and procedures set forth in the Operating Manual. Brown may make reasonable modifications to the Operating Manual from time to time, to reflect changes in authorized products and services, and specifications, standards and operating procedures of BROWN'S Stores. No such modification shall alter Franchisee's fundamental rights under this Agreement. Franchisee shall keep his copy of the Operating Manual current, and in the event of a dispute about the contents of the Operating Manual, the master copies maintained by Brown at its principal office shall be controlling. Franchisee may not at any time copy any part of the Operating Manual. Brown may vary the standards and specifications to take into account unique features of specific locations or types of locations, special requirements and other factors Brown considers relevant in our its business judgment.
Source: Item 22 — Contracts (FDD page 43)
What This Means (2025 FDD)
According to Browns Chicken's 2025 Franchise Disclosure Document, Browns Chicken may modify the Operating Manual from time to time to reflect changes in authorized products and services, specifications, standards and operating procedures of Browns Chicken stores. However, these modifications will not alter a franchisee's fundamental rights under the Franchise Agreement.
The Operating Manual contains mandatory and suggested specifications, standards, and operating procedures prescribed by Browns Chicken for Browns Chicken stores. Specifications, standards, operating procedures, and rules designated as "mandatory" by Browns Chicken in the Operating Manual or otherwise communicated to the franchisee in writing constitute provisions of the Franchise Agreement as if fully set forth in the agreement. Franchisees must comply with the mandatory specifications, standards, and procedures set forth in the Operating Manual.
Franchisees are responsible for keeping their copy of the Operating Manual current. In the event of a dispute about the contents of the Operating Manual, the master copies maintained by Browns Chicken at its principal office will be controlling. Franchisees are prohibited from copying any part of the Operating Manual. Browns Chicken may vary the standards and specifications to take into account unique features of specific locations or types of locations, special requirements, and other factors Browns Chicken considers relevant in its business judgment.