factual

Who is responsible for the expense of altering the former Browns Chicken store premises?

Browns_Chicken Franchise · 2025 FDD

Answer from 2025 FDD Document

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 and structural features identifying BROWN's Stores and removal of all distinctive signs and emblems). Franchisee shall, at Franchisee's expense, make such specific additional changes as Brown may reasonably request for this purpose. If Franchisee fails to initiate immediately or complete such alterations within such period of time as Brown deems appropriate, Franchisee agrees that Brown or its designated agents may enter the premises of the former Store and adjacent areas at any time to make such alterations as Brown deems appropriate to distinguish Franchisee's former Store premises, without liability for trespass. Franchisee expressly acknowledges that failure to make such alterations will cause irreparable injury to Brown and hereby consents to entry, at Franchisee's expense, of any ex parte order by any court of competent jurisdiction authorizing Brown or its agents to take such action, if Brown seeks such an order. Compliance with the foregoing shall be a condition subsequent to Brown's approval of any relocation request by Franchisee, and in the event complete de-identification of the former Store premises is not properly and completely undertaken, Brown may then revoke its permission for relocation and declare a default under this Agreement.

Source: Item 22 — Contracts (FDD page 43)

What This Means (2025 FDD)

According to the 2025 Browns Chicken Franchise Disclosure Document, the franchisee is responsible for the expense of altering the former store premises. Specifically, when a Browns Chicken franchise relocates, the franchisee must remove all signs, fixtures, and other items displaying Browns Chicken's trademarks from the former location.

Furthermore, the franchisee must modify or alter the former premises to clearly distinguish it from its previous appearance as a Browns Chicken store and from other Browns Chicken locations. This is to prevent any public confusion. These modifications and alterations are to be done at the franchisee's expense.

If the franchisee fails to promptly make these alterations, Browns Chicken has the right to enter the former premises and make the necessary changes themselves. The franchisee is then responsible for paying the costs Browns Chicken incurs for these alterations. This requirement is a condition for Browns Chicken's approval of any relocation request, and failure to comply can result in Browns Chicken revoking permission for the relocation and declaring a default under the Franchise Agreement.

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.