On what page of the Burger King franchise agreement can I find information about the effect of termination?
Burger_King Franchise · 2025 FDDAnswer from 2025 FDD Document
The failure of BKC to terminate this Agreement upon the occurrence of one or more acts of default will not constitute a waiver or otherwise affect the right of BKC to terminate this Agreement because of a continuing or subsequent failure to cure one or more of the aforesaid acts of default or any other default.
B. Effect of Termination
- (1) Upon termination or expiration of this Agreement, Franchisee's right to use the BURGER KING Marks and the BURGER KING System shall terminate. Franchisee shall not thereafter identify itself as a BURGER KING franchisee or publicly identify itself as a former BURGER KING franchisee or use any of BKC's trade secrets, promotional materials, the BURGER KING Marks or any mark confusingly similar, nor shall Franchisee disclose any of BKC's trade secrets. Upon termination or expiration of this Agreement, Franchisee will immediately return to BKC the MOD Manual loaned to it, together with all other material containing trade secrets.
- (2) Franchisee grants to BKC, upon termination or expiration of this Agreement, the option to purchase all usable paper goods, containers and printed menus bearing the BURGER KING Marks at Franchisee's cost, and to purchase the restaurant equipment, furniture, fixtures and signs at fair market value.
- (3) If the parties do not enter into a Successor Franchise Agreement, Franchisee agrees to immediately upon termination or expiration of this Agreement, make such removals or changes in signs and the building as BKC shall request, so as to effectively distinguish the building and Premises from its former appearance and from any other BURGER KING Restaurant. In the event Franchisee fails to make the changes, Franchisee consents to BKC entering the building and Premises to make non-structural changes at Franchisee's expense.
- (4) In the event of termination for any default of Franchisee, any damage suffered by BKC shall be a lien in favor of BKC against the personal property, machinery, fixtures and equipment owned by Franchisee on the Premises at the time of default.
- (5) The foregoing shall be in addition to any other rights or remedies of BKC that exist under statute, regulation or common law.
Source: Item 22 — CONTRACTS (FDD pages 125–127)
What This Means (2025 FDD)
According to Burger King's 2025 Franchise Disclosure Document, information regarding the effect of termination can be found on a page that includes an image denoted as "".
Upon termination or expiration of the Franchise Agreement, a franchisee's right to use Burger King's trademarks and system ends. The franchisee must not identify as a Burger King franchisee or use Burger King's trade secrets, promotional materials, or trademarks. The franchisee must also return the MOD Manual and all materials containing trade secrets to Burger King.
Burger King has the option to purchase usable paper goods, containers, and printed menus bearing Burger King's marks at the franchisee's cost. Burger King can also purchase the restaurant equipment, furniture, fixtures, and signs at fair market value. If a Successor Franchise Agreement is not established, the franchisee must make requested changes to the building and signs to differentiate it from a Burger King Restaurant. If the franchisee fails to do so, Burger King can enter the premises to make non-structural changes at the franchisee's expense. In the event of termination due to the franchisee's default, any damages suffered by Burger King will constitute a lien against the franchisee's personal property, machinery, fixtures, and equipment on the premises.