If operating a Delivery Burger King Restaurant, can a franchisee sell to walk-up customers?
Burger_King Franchise · 2025 FDDAnswer from 2025 FDD Document
You must use the Restaurant solely for the operation of a BURGER KING Restaurant and must keep the Restaurant open and in normal operation for the minimum hours and days as we specify in the Franchise Agreement or otherwise in writing.
You must operate the Restaurant in strict conformity with the methods, standards and specifications as we prescribe in the MOD Manual or otherwise in writing.
You must offer for sale and sell at the Restaurant all and only those products and services as are expressly authorized by us in the MOD Manual or otherwise in writing and only in accordance with our specifications and standards. If your Restaurant is located in an area that is serviced by a delivery aggregator (e.g., Uber Eats) you must offer food for delivery to customers. Certain products and services may be required within the Designated Market Area that your Restaurant is located in, although not mandated nationwide. We require you to participate in the loyalty program, currently referred to as the ROYAL PERKS Loyalty Program, for all new and existing BURGER KING® restaurants via the technology platforms we require. These technology platforms are the same platforms that enable ordering and delivery via the Burger King® app and website. Customers who are members of the ROYAL PERKS Loyalty Program can earn points, currently referred to as Crowns, and redeem points for eligible menu items at any BURGER KING® restaurant. You must honor these loyalty points at your Restaurant as provided in your MOD Manual or otherwise in writing and only in accordance with our specifications and standards. Currently, points are earned through member purchases on the BK® mobile app, website or in-Restaurant orders by using a code located in the member's account, or a credit card linked to the member's account.
Source: Item 16 — RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL (FDD pages 80–81)
What This Means (2025 FDD)
According to Burger King's 2025 Franchise Disclosure Document, Item 16 outlines the restrictions on what a franchisee may sell. It states that franchisees must operate the restaurant solely as a Burger King and keep it open during specified hours and days. Franchisees must also adhere to the methods, standards, and specifications prescribed in the MOD Manual or in writing by Burger King.
Specifically, franchisees are required to offer for sale and sell only those products and services expressly authorized by Burger King in the MOD Manual or in writing, following the company's standards. If the restaurant is in an area serviced by a delivery aggregator like Uber Eats, the franchisee must offer food for delivery. The document does not explicitly prohibit walk-up customers.
Given that the FDD does not explicitly forbid walk-up customers, it can be inferred that selling to walk-up customers is permissible as long as the franchisee adheres to all other requirements, including offering only approved products and services and maintaining the restaurant according to Burger King's standards. A prospective franchisee should confirm this interpretation with Burger King directly.