What is the Burger King franchisee's obligation regarding maintaining and displaying signs reflecting the Current Image of Non-Traditional Restaurants?
Burger_King Franchise · 2025 FDDAnswer from 2025 FDD Document
hall not be appealable in any forum. The decision may be entered by any court having jurisdiction thereof. The place of arbitration shall be Miami, Florida.
Failure of FRANCHISEE to comply with the terms of this section 5.B shall be deemed a material default of this Agreement.
C. Signs
The BURGER KING marks will only be erected and displayed in the manner and at such locations as are approved and authorized by BKC, in writing. FRANCHISEE agrees to maintain and display signs reflecting the Current Image of Non-Traditional Restaurants and shall not place additional signs or posters on the Premises without the prior written consent of BKC. All signs with the BURGER KING marks utilized at the Premises must be obtained from sources approved by BKC.
FRANCHISEE shall discontinue the use of and destroy such signs as are declared obsolete by BKC within the reasonable time specified by BKC.
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, franchisees operating Non-Traditional Restaurants have specific obligations regarding signage. The franchisee must maintain and display signs that reflect the Current Image for Non-Traditional Restaurants. These signs must be erected and displayed in locations and manners approved in writing by Burger King Corporation (BKC). Franchisees are prohibited from placing additional signs or posters on the premises without prior written consent from BKC. All signs bearing Burger King marks must be obtained from sources approved by BKC.
Burger King franchisees are also obligated to discontinue the use of and destroy any signs that BKC declares obsolete within a reasonable timeframe specified by BKC. The FDD emphasizes the importance of these signs to the Burger King system. If a franchisee fails to remove or destroy unapproved or obsolete signs within thirty days of a written request from BKC, BKC has the right to enter the franchised restaurant and premises to remove and destroy the signs themselves.
Failure to comply with these sign-related requirements, as outlined in Section 5.B of the franchise agreement, constitutes a material default of the agreement. This means that Burger King can take action against the franchisee for non-compliance, potentially leading to termination of the franchise agreement. This level of control over signage is typical in franchising, as it protects brand consistency and image.