What is the deadline for completing the BKoT Enhance for a Burger King franchise, as defined in the BKoT Amendment?
Burger_King Franchise · 2025 FDDAnswer from 2025 FDD Document
| 1. DEFINITIONS. Any capitalized terms used but not defined herein have the meanings given | |
|---|---|
| in the Agreement. | |
| 2. BKoT ENHANCE REQUIREMENTS. Franchisee acknowledges and agrees that | |
| Franchisee is required to complete certain renovations, repairs, replacements, remodelings and/or | |
| rebuildings of the Franchised Restaurant that will conform the Franchised Restaurant with the standards | |
| as specified in the Scope of Work attached hereto as Exhibit “A” to this BKoT Amendment (the "BKoT | |
| Enhance"). Franchisee acknowledges and agrees that completion of the BKoT Enhance in accordance with | |
| the Scope of Work is a material consideration for and inducement to BKC to enter into this BKoT | |
| Amendment. Franchisee agrees to complete the BKoT Enhance in a professional, workmanlike manner in | |
| accordance with BKC and industry standards, and to complete the BKoT Enhance in its entirety no later | |
| than November 30, 20____ (the "BKoT Enhance Completion Date"). If Franchise is unable to include a | |
| Double Drive at the Franchised Restaurant due to Franchisee’s inability to; (a) obtain permitting from the | |
| appropriate government agency, (b) obtain approval from Franchisee’s landlord, or (c) accommodate the | |
| Double Drive Thru due to site restrictions at the Franchised Restaurant, Franchisee shall timely submit to | |
| BKC a request for an exception along with evidence satisfactory to BKC in its sole and absolute discretion | |
| (the “Double Drive Thru Exception”). If BKC, in its sole and absolute discretion, approves the Double Drive | |
| Thru Exception, Franchisee’s Yearly Royalty Credit (as defined in Section 6 below) and Yearly Advertising | |
| Contribution Credit (as defined in Section 7 below), shall be reduced as set forth in this Addendum. | |
| Franchisee further agrees that equitable relief requiring the performance of Franchisee’s obligations under | |
| this BKoT Amendment would be appropriate in the event that Franchisee fails to comply with its obligations | |
| herein, and that in the event of Franchisee’s noncompliance, BKC shall be entitled to such relief without | |
| bond and to recover all costs of enforcement of Franchisee’s obligations under this BKoT Amendment, | |
| including without limitation its attorneys’ fees and costs. Equitable relief will be in addition to and will not | |
| preclude other remedies. Failure to complete the BKoT Enhance in its entirety, as determined by BKC, by | |
| the BKoT Enhance Cure Period as defined in this BKoT Amendment shall be a material default under and | |
| cause for termination of the Franchise Agreement. |
Source: Item 23 — RECEIPTS (FDD pages 127–995)
What This Means (2025 FDD)
According to Burger King's 2025 Franchise Disclosure Document, franchisees are required to complete certain renovations, repairs, replacements, remodelings, and/or rebuildings of the Franchised Restaurant to meet the standards specified in Exhibit A of the BKoT Amendment, referred to as the "BKoT Enhance". The deadline for completing the BKoT Enhance in its entirety is no later than November 30, 20____ (the "BKoT Enhance Completion Date").
Completion of the BKoT Enhance according to the Scope of Work is considered a material inducement for Burger King to enter into the BKoT Amendment. Franchisees must ensure the BKoT Enhance is completed in a professional manner, adhering to both Burger King and industry standards. Failure to meet this deadline or to complete the BKoT Enhance in its entirety, as determined by Burger King, by the BKoT Enhance Cure Period constitutes a material default under the Franchise Agreement and may result in termination.
If a franchisee is unable to include a Double Drive Thru at the Franchised Restaurant due to permitting issues, landlord disapproval, or site restrictions, they must request an exception from Burger King. If Burger King approves the Double Drive Thru Exception, the franchisee's Yearly Royalty Credit and Yearly Advertising Contribution Credit will be reduced as specified in the addendum. Burger King retains sole and absolute discretion in approving or denying such exceptions.
Burger King also stipulates that equitable relief, such as requiring specific performance of the franchisee's obligations under the BKoT Amendment, would be appropriate if a franchisee fails to comply with their obligations. In such cases, Burger King is entitled to recover all enforcement costs, including attorneys' fees, without needing to post a bond. This equitable relief is in addition to any other remedies available to Burger King.