What representations concerning title to the Premises are made by the Browns Chicken sublessor to the sublessee?
Browns_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
cient for the payment of said Taxes.
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- All representations made by Owner to Tenant concerning title to the Premises and Tenant's right of quiet enjoyment to the extent ultimately determined to be true and correct, shall be deemed to be and hereby are remade by Sublessor to Sublessee hereunder. Sublessee's taking possession of the Premises shall constitute an acceptance by it of the condition thereof; but Sublessee failure to so take possession shall not relieve it of its obligations hereunder. No promise
of Sublessor to alter, remodel or improve the Premises has been made by Sublessor to Sublessee other than as may be contained herein.
- Subject to any contrary provisions herein contained or except as modified herein, (i) the covenants, agreements, obligations, and restrictions of Tenant under the Lease as set forth in the following enumerated Sections of the Lease shall be deemed to have been remade by Sublessee to Sublessor, and (ii) the benefits running in favor of Tenant under the Lease as set forth in the following enumerated Sections of the Lease shall be deemed to run in favor of Sublessee, and applicable to them in their respective capacities, as if set forth in full herein; and the rights of Owner created with respect thereto, shall be deemed to have been created for the benefit of Sublessor hereunder:
(Appropriate Sections of Lease shall be inserted)
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- Except as expressly provided herein, no obligations of Owner or rights of Tenant under the Lease shall be deemed to have been created for, nor shall any such obligations or rights inure to, the benefit of Sublessee.
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- In addition to and as part of its obligations under this Sublease (which obligations are hereby incorporated into and made a part of this Sublease), Sublessee agrees that it shall faithfully observe and perform each and every provision of the Franchise Agreement and of the Operator's Manual referred to therein, to the extent that such provisions may relate to the Premises.
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- The Premises shall be used by Sublessee solely for the conduct by the Sublessee of a Brown's Chicken & Pasta store and for no other purpose.
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Source: Item 22 — Contracts (FDD page 43)
What This Means (2025 FDD)
According to the 2025 Browns Chicken Franchise Disclosure Document, the sublessor makes no explicit promises to alter, remodel, or improve the premises for the sublessee, except as stated in the sublease agreement. The sublessee assumes the tenant's responsibilities and enjoys the tenant's benefits under the original lease, as if those terms were directly included in the sublease. However, the sublessee does not acquire any other rights or benefits from the owner under the original lease, unless specifically stated in the sublease.
The sublessee must adhere to the Browns Chicken franchise agreement and operating manual provisions related to the premises. The sublessee is permitted to use the premises only for operating a Browns Chicken & Pasta store. The sublessee is responsible for constructing or remodeling the premises into a fast-food restaurant that meets Browns Chicken's standards, as detailed in the plans and specifications or the original lease agreement, and bears the full cost of these improvements.
In practical terms, a Browns Chicken franchisee entering into a sublease agreement should carefully review the specific sections of the original lease that are incorporated into their sublease. They should also be aware that they are responsible for all construction and remodeling costs to meet Browns Chicken's standards, and that the sublessor is not obligated to make any improvements beyond what is explicitly stated in the sublease. This arrangement places the financial burden of preparing the site on the franchisee, which is a common practice in the franchise industry, but it's crucial to understand the full scope of these obligations before signing the agreement.