What are the franchisee's obligations regarding repair and maintenance of a Burger King franchised restaurant?
Burger_King Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall, at its expense, continuously throughout the Term of this Agreement maintain the Franchised Restaurant in good condition and repair in accordance with BKC's then current repair and maintenance standards.
Franchisee shall, improve, alter and remodel the Franchised Restaurant to bring it into conformance with the national and local plans, specifications and/or other standards for new or remodeled BURGER KING Restaurants as may hereafter be reasonably changed and defined from time to time by BKC ("Current Image") in accordance with the following timetable:
(i) During the tenth year of the Term, Franchisee shall remodel, improve and alter the exterior of the Franchised Restaurant to conform with the Current Image in effect on the ninth anniversary of the date of this Agreement.
In the event the Franchised Restaurant shall be damaged or destroyed by fire or other casualty or be required to be repaired or reconstructed by any governmental authority, Franchisee shall, at its own expense, repair or reconstruct the Franchised Restaurant within a reasonable time under the circumstances. The minimum acceptable appearance for the restored Franchised Restaurant will be that which existed just prior to the casualty; however, every effort should be made to have the restored Franchised Restaurant reflect the then Current Image, design and specifications of BURGER KING restaurants. If the Franchised Restaurant is substantially destroyed by fire, or other casualty, Franchisee may, with BKC's agreement, terminate the Agreement in lieu of Franchisee reconstructing the Franchised Restaurant.
Source: Item 22 — CONTRACTS (FDD pages 125–127)
What This Means (2025 FDD)
According to Burger King's 2025 Franchise Disclosure Document, franchisees are responsible for maintaining the Burger King restaurant. Throughout the term of the agreement, the franchisee must continuously maintain the franchised restaurant in good condition and repair, and this must be done at the franchisee's own expense. These maintenance activities must align with Burger King's current repair and maintenance standards.
Burger King also has the right to define and reasonably change the standards for new or remodeled Burger King restaurants. During the tenth year of the franchise term, franchisees are required to remodel, improve, and alter the exterior of the restaurant to conform to the 'Current Image' standards that are in effect on the ninth anniversary of the agreement.
In the event that the Burger King restaurant is damaged or destroyed by fire or another incident, or if a governmental authority requires repairs or reconstruction, the franchisee is obligated to repair or reconstruct the restaurant at their own expense within a reasonable timeframe. The restored restaurant should, at a minimum, match the appearance it had before the damage, but efforts should be made to align it with Burger King's current image, design, and specifications. If the restaurant is substantially destroyed, the franchisee may terminate the agreement with Burger King's agreement, instead of reconstructing the restaurant.