Who is responsible for repairs to the Browns Chicken premises, regardless of the cause of damage?
Browns_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
acement of worn out or obsolete equipment, furniture, fixtures, utensils and signs, repair of the exterior and interior of the Store, redecorating and repair and resurfacing of parking facilities and periodic cleaning and redecorating.
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.
Franchisee agrees that neither the Store nor the Premises will be used for any purpose other than the operation of a BROWN'S Store in compliance with this Agreement. Franchisee will place or display at the Premises (interior and exterior) only such signs, emblems, lettering, logos and display and advertising materials that are from time to time approved by Brown.
B. Alterations To the Store.
Franchisee shall make no material alterations to the leasehold improvements of the Store, nor shall Franchisee make material replacements of or alterations to the equipment, fixtures, furniture, or signs of the Store, without prior written approval by Brown.
C. Authorized Categories of Products and Services.
Franchisee agrees that the Store will offer for sale and sell all types of food and beverage products and services, and other approved products and services, that Brown from time to time authorizes. Franchisee further agrees that the Store will not offer for sale or sell any other products or services not then authorized by Brown for the Store, nor shall the Store or the Premises be used for any purpose other than the operation of a BROWN'S Store, in full compliance with this Agreement. Brown reserves the right to revoke its approval of any products or suppliers previously authorized at any time upon written notice to Franchisee,
provided that Franchisee may continue to offer and sell all remaining on-hand or ordered noncancelable inventory of such products or from such suppliers as of the date of receipt of written notice from Brown.
Source: Item 22 — Contracts (FDD page 43)
What This Means (2025 FDD)
According to Browns Chicken's 2025 Franchise Disclosure Document, the franchisee is generally responsible for maintaining and repairing the premises. Specifically, if Browns Chicken determines that the premises, equipment, fixtures, furniture, signs, or decor do not meet their standards, they will notify the franchisee of the required actions.
The franchisee must begin the required maintenance or refurbishment within 30 days of receiving notice from Browns Chicken and continue diligently until completion. If the franchisee fails to do so, Browns Chicken has the right to enter the premises and perform the maintenance or refurbishment themselves, with the franchisee bearing the entire cost upon demand. This obligation is suspended only during periods when such activities are impractical due to events beyond the franchisee's control, such as war, civil disturbance, natural disaster, or labor disputes.
Furthermore, the franchisee is expected to indemnify Browns Chicken against losses, costs, liabilities, damages, claims, and expenses arising from the construction, renovation, upgrading, alteration, remodeling, repair, operation, ownership, and use of the Browns Chicken store. This indemnification extends to allegations of negligence by Browns Chicken and includes reasonable attorney's fees. Browns Chicken is not required to seek recovery from third parties or mitigate losses before claiming indemnification from the franchisee, and the franchisee's obligations survive the termination or expiration of the franchise agreement.