Is the RBILP Guarantee of Performance included in the Burger King FDD, and if so, where?
Burger_King Franchise · 2025 FDDAnswer from 2025 FDD Document
GUARANTEE OF PERFORMANCE
For value received, Restaurant Brands International Limited Partnership, a limited partnership organized under the laws of Ontario (the "Guarantor"), located at 130 King Street West, Suite 300, Toronto, Ontario, M5X 1E1, Canada, absolutely and unconditionally guarantees to assume the duties and obligations of Burger King Company LLC, located at 5707 Blue Lagoon Drive, Miami, Florida 33126 (the "Franchisor"), under its franchise registration in each state as identified in Item 21 of this Franchise Disclosure Document, and under its Franchise Agreement identified in its 2025 Franchise Disclosure Document, as it may be amended, and as that Franchise Agreement may be entered into with franchisees and amended, modified or extended from time to time with residents of, or for locations in, those states. This guarantee continues until all such obligations of the Franchisor under such franchise registrations and the Franchise Agreement are satisfied or until the liability of Franchisor to such franchisees under the Franchise Agreement has been completely discharged, whichever first occurs. The Guarantor is not discharged from liability if a claim by a franchisee against the Franchisor remains outstanding. Notice of acceptance is waived. The Guarantor does not waive receipt of notice of default on the part of the Franchisor. This guarantee is binding on the Guarantor and its successors and assigns.
The Guarantor signs this guarantee at Miami, Florida on the 4 day of March, 2025.
GUARANTOR:
RESTAURANT BRANDS INTERNATIONAL LIMITED PARTNERSHIP
By: Restaurant Brands International Inc.
Its: General Partner
Name Jacqueline Friesner
Title: | Controller and Chief Accounting Officer
Source: Item 21 — FINANCIAL STATEMENTS (FDD pages 124–125)
What This Means (2025 FDD)
Yes, according to the 2025 Burger King Franchise Disclosure Document, a Guarantee of Performance from Restaurant Brands International Limited Partnership (RBILP) is included. RBILP, as the Guarantor, absolutely and unconditionally guarantees to assume the duties and obligations of Burger King Company LLC, the Franchisor, under its franchise registration in each state as identified in Item 21 of the FDD, and under its Franchise Agreement identified in its 2025 FDD.
This guarantee extends to the Franchise Agreement as it may be amended and entered into with franchisees, modified, or extended from time to time with residents of, or for locations in, those states. The guarantee remains in effect until all obligations of Burger King Company LLC under such franchise registrations and the Franchise Agreement are satisfied or until the liability of Burger King Company LLC to such franchisees under the Franchise Agreement has been completely discharged, whichever occurs first.
The Guarantor, RBILP, is not discharged from liability if a claim by a franchisee against Burger King Company LLC remains outstanding, and notice of acceptance is waived. However, RBILP does not waive receipt of notice of default on the part of Burger King Company LLC. The guarantee is binding on RBILP and its successors and assigns. The Guarantor signed this guarantee in Miami, Florida on March 4, 2025.
This guarantee provides a level of security for franchisees, ensuring that RBILP will step in to fulfill Burger King's obligations if necessary. This type of guarantee is not uncommon in franchising, especially when the franchisor is a subsidiary of a larger entity, as it demonstrates the parent company's commitment to the franchise system.