For a Burger King developer, what written approval is required in addition to this exhibit?
Burger_King Franchise · 2025 FDDAnswer from 2025 FDD Document
This Exhibit does not constitute BKC approval. Written Target Area Clearance is required as described in the Agreement.
Developer acknowledges that Site Approval can be granted only by means of a written approval duly executed by an authorized representative of BKC and no other approval, whether oral or written, shall be effective or binding on BKC.
Developer's receipt of BKC's written notice of Site Approval only shall serve to constitute approval of a site.
Site Approval does not assure that a Franchise Agreement will be executed.
- 4.2.2 Developer agrees that BKC may, in its sole discretion, deny Site Approval for any site if, in BKC's sole discretion, the site does not meet BKC's criteria for Site Approval.
If Developer enters into any legally binding commitment with respect to a potential site before BKC has granted Site Approval, then Developer shall bear the entire risk of loss or damage resulting from a subsequent decision of BKC not to grant Site Approval.
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 109–124)
What This Means (2025 FDD)
According to Burger King's 2025 Franchise Disclosure Document, Exhibit A does not constitute approval from Burger King. In addition to Exhibit A, a Burger King developer is required to obtain written Target Area Clearance as described in the agreement.
Site approval is granted through written approval from an authorized Burger King representative. No other approval, whether oral or written, is considered effective or binding on Burger King. Receiving written notice of site approval from Burger King only constitutes approval of a site.
However, site approval does not guarantee that a Franchise Agreement will be executed. Burger King retains the discretion to deny site approval if the site does not meet their criteria. If a developer enters into any legally binding commitment regarding a potential site before receiving site approval from Burger King, the developer assumes the entire risk of loss or damage resulting from a subsequent decision by Burger King to deny site approval.