For a Burger King franchise, how long does a franchisee have to open for business after the grant of a franchise?
Burger_King Franchise · 2025 FDDAnswer from 2025 FDD Document
4.5 Notice of Franchised Restaurant. At least forty-five (45) days prior to the proposed initial opening date of business of each Franchised Restaurant, Developer shall notify BKC in writing of such proposed opening date. Failure to provide the notice required by this Section 4.5 shall constitute an Event of Default pursuant to Section 6.1.9.
Developer further acknowledges and agrees that prior to BKC's granting a Franchise Agreement for each respective Franchised Restaurant, Developer must satisfy the following conditions precedent:
5.1.1 Developer, its Affiliates, and the Principals are in full compliance with the requirements of this Agreement and all franchise agreements for Developer Restaurants (as hereinafter defined) (collectively, the "Developer Franchise Agreements"), in force at the time a grant of a franchise is requested;
5.1.2 Developer has obtained and continues to hold all relevant approvals, permits and licenses required by applicable law to operate the Franchised Restaurant;
5.1.3 Developer is current on all monetary obligations due to BKC;
1. FRANCHISE GRANT: TERM AND LOCATION
The term of this Agreement commences on the date the Franchised Restaurant opens for business (the "Commencement Date"), and shall expire ____ (__) years thereafter (the "Term"), unless sooner terminated in accordance with the provisions of this Agreement. In the event of a dispute over the date that the Franchised Restaurant opens for business, the records maintained by BKC shall control and be dispositive.
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, a developer must notify Burger King of the proposed initial opening date of each franchised restaurant at least 45 days prior to that date. Failure to provide this notice constitutes an event of default.
Prior to Burger King granting a Franchise Agreement for each restaurant, the developer must meet certain conditions. These include compliance with the agreement and all franchise agreements, obtaining all necessary approvals, permits, and licenses, and being current on all monetary obligations to Burger King.
The franchise term begins on the date the franchised restaurant opens for business. The Burger King records will be the controlling factor in the event of a dispute over the opening date.