factual

In the event of conflicts between the Burger King Restaurant Franchise Agreement and the Non-Traditional Facility Addendum, which document's terms control?

Burger_King Franchise · 2025 FDD

Answer from 2025 FDD Document

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.

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, specifically regarding the Franchise Addendum Restaurant Relocation Program, the terms of the Addendum will control in the event of any conflicts between the terms of the Franchise Agreement and the terms of the Addendum. This means that if there is a disagreement or inconsistency between the two documents, the language in the Franchise Addendum Restaurant Relocation Program will take precedence.

This clause is important for a prospective Burger King franchisee to understand because it clarifies the hierarchy of the agreement documents. Franchise agreements and addenda can be lengthy and complex, and conflicts can arise. Knowing that the addendum takes precedence provides clarity and can help resolve disputes more efficiently.

This type of clause is fairly standard in franchising, as addenda are often used to modify or supplement the main franchise agreement to address specific circumstances or locations. Franchisees should carefully review all addenda to their franchise agreements to understand how they modify the original contract and to be aware of any potential conflicts.

It is important to note that this specific clause applies to the Franchise Addendum Restaurant Relocation Program. Other addenda may have different clauses specifying which document controls in case of conflict. Therefore, franchisees should carefully review each addendum to understand its specific terms and conditions.

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.