factual

In the event of a conflict between the Franchise Agreement and the Non-Traditional Facility Addendum for a Burger King Restaurant Franchise Agreement (Entity), which document's terms will control?

Burger_King Franchise · 2025 FDD

Answer from 2025 FDD Document

This MULTI-UNIT DIP 2024 PROGRAM ADDENDUM TO MULTIPLE TARGET RESERVATION | | AGREEMENT (NON-EXCLUSIVE) ("Addendum") is made as of the day of, | | 20, by and between BURGER KING COMPANY LLC, a Florida limited liability company, ("BKC"), and | | ("Developer") or its BKC approved affiliate. | | This Addendum is part of the Multiple Target Reservation Agreement dated, | | 20 (the "Agreement") under which Developer is granted the right to develop BURGER KING® restaurants | | within specific geographic areas as set forth in the Agreement and is participating in BKC's Multi-Unit | | Development Incentive Program designed to incentivize the opening of at least three (3) to six (6) traditional | | and certain non-traditional new restaurants (excluding captive and institutional locations) in BKC's BKoT | | Image no later than September 30 of the Term Year listed on Exhibit B (the "Program"). Developer, qualified | | to participate in the Program as determined by BKC with respect to the Franchised Restaurants, has | | indicated a desire to participate in the Program for the number of Franchised Restaurants listed below on | | the terms set forth in this Addendum. In the event of any conflicts between the terms of the Agreement and | | the terms of this Addendum, the terms of this Addendum shall control. This Addendum amends and | | supplements the Agreement, and all terms and conditions contained therein remain in full force and effect, | | 11 , | | except as amended hereby: | | 1 DEFINITIONS Any capitalized terms used but not defined herein have the meanings given

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, the terms of the Non-Traditional Facility Addendum will control in the event of any conflicts with the terms of the Franchise Agreement. This addendum is specific to Burger King restaurants operating in non-traditional locations.

For a prospective franchisee, this means that if you are opening a Burger King in a non-traditional location such as a gas station or convenience store, the Non-Traditional Facility Addendum takes precedence over the standard Franchise Agreement. It is important to carefully review this addendum to understand how it modifies the standard agreement.

This clause ensures that specific conditions related to the non-traditional setting are prioritized, which could cover aspects like operational hours, menu limitations, or shared space arrangements. Franchisees should pay close attention to the exhibits attached to the addendum, as these will outline specific site plans and material features relevant to their restaurant's operation.

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.