In the Burger King lease agreement, what items are included in the definition of 'fixture(s)'?
Burger_King Franchise · 2025 FDDAnswer from 2025 FDD Document
its business on the Premises any property other than the Premises, except in accordance with the provisions of Article XIV of this Lease.
Except as may be otherwise specifically provided by the terms of this Lease or the Franchise Agreement, Lessor shall not be required to furnish to Lessee any facilities or services of any kind whatsoever, such as, but not limited to water, sewer, steam, heat, gas, hot water, electricity, light and power.
§5.2 REPAIRS AND MAINTENANCE. Lessee shall, at all times during the Term, at its own cost and expense, put, keep and maintain the Premises and all fixtures and personalty located on it in first-class order and condition, and subject to all applicable terms of Section 5.3 and Section 5.8, shall make all necessary and desirable
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 109–124)
What This Means (2025 FDD)
The 2025 Burger King Franchise Disclosure Document does not explicitly define what constitutes a 'fixture' within the lease agreement. However, it does state that the franchisee is responsible for maintaining the premises, including all fixtures and personalty, in first-class order and condition.
The document mentions 'trade fixtures' as part of the 'Purchased Equipment', which Burger King sells to franchisees. This suggests that items considered trade fixtures are essential for operating the restaurant.
While the FDD doesn't provide a definitive list of fixtures, it's important for prospective franchisees to understand their obligations regarding maintenance, repair, and potential replacement of these items. Franchisees should seek clarification from Burger King regarding the specific items considered fixtures in the lease agreement to fully understand their responsibilities and potential costs.