What recourse does Browns Chicken have if a franchisee fails to initiate or continue required maintenance?
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 the franchisor determines that the franchisee's premises or equipment does not meet their standards, Browns Chicken will notify the franchisee, specifying the required corrective actions.
If the franchisee fails to begin the required maintenance or refurbishment within 30 days of receiving notice from Browns Chicken, and then fails to continue the work diligently, Browns Chicken has the right to enter the premises and perform the maintenance or refurbishment themselves.
In this case, the franchisee is responsible for paying all costs associated with the maintenance or refurbishment performed by Browns Chicken on demand. The franchisee's obligation to maintain or refurbish is suspended if it is impractical due to events beyond their control such as war, civil disturbance, natural disaster, or labor disputes.