For a Burger King restaurant, what does the Legacy Entity Franchise Agreement Addendum amend and supplement?
Burger_King Franchise · 2025 FDDAnswer from 2025 FDD Document
This ADDENDUM amends and supplements the Agreement, and all terms and conditions contained therein remain in full force and effect, except as amended hereby:
This Addendum amends and supplements the Agreement, and all terms and conditions contained therein remain in full force and effect,
This Replacement Franchise Addendum is part of the franchise agreement entered into by parties on the same date (the "Agreement") under which Franchisee is licensed to own and operate the BURGER KING® Restaurant to be located at the Location of Franchised Restaurant on the Key Contract Data page of the Franchise Agreement, and commonly referred to as BK# In the event of any conflicts between the terms of the Agreement and the terms of this Replacement Franchise Addendum, the terms of this Replacement Franchise Addendum shall control.
The Agreement replaces and supersedes a franchise agreement that was previously in effect for the Franchised Restaurant and is for a term equal to or less than the unexpired term of the previously effective franchise agreement.
1. FRANCHISE GRANT: TERM AND LOCATION. The following paragraph replaces Section 1 of the Agreement.
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 109–124)
What This Means (2025 FDD)
According to Burger King's 2025 Franchise Disclosure Document, several addenda can amend and supplement the franchise agreement. One example is the "FRANCHISE ADDENDUM RESTAURANT RELOCATION PROGRAM", which modifies the original agreement, leaving all other terms and conditions in effect unless specifically changed by the addendum. Another addendum is the "MULTI-UNIT DIP 2024 PROGRAM ADDENDUM TO MULTIPLE TARGET RESERVATION AGREEMENT", which also amends and supplements the original agreement, with its terms controlling in case of conflict.
Additionally, there's a "FRANCHISE AGREEMENT ADDENDUM BURGER KING OF TOMORROW ('BKoT') – FULL REMODEL INCENTIVE PROGRAM". There is also an "AMENDMENT TO BURGER KING® RESTAURANT FRANCHISE AGREEMENT (ENTITY) REQUIRED BY THE STATE OF HAWAII" which amends the franchise agreement for Burger King franchises sold in Hawaii, superseding conflicting provisions.
Finally, the "Replacement Franchise Addendum" replaces and supersedes a franchise agreement that was previously in effect for the Franchised Restaurant and is for a term equal to or less than the unexpired term of the previously effective franchise agreement. It also states that the terms of the Replacement Franchise Addendum shall control in the event of any conflicts between the terms of the Agreement and the terms of this Replacement Franchise Addendum. The addendum replaces Section 1 of the Agreement, regarding Franchise Grant, Term, and Location.
For a prospective Burger King franchisee, this means that the original franchise agreement can be modified by various addenda depending on circumstances like relocation, multi-unit development incentives, remodel programs, state-specific requirements, or replacement of a prior agreement. It is important to carefully review any addenda to understand how they change the original franchise agreement.