After the termination or expiration of the agreement, which paragraphs of the agreement will continue to survive for Burger King franchisees?
Burger_King Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Subsection (3) of Section 18.B of the Franchise Agreement is hereby deleted in its entirety and replaced by the following:
- (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 Premises as BKC shall request, so as to effectively distinguish the Premises and the Franchised Restaurant 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 Premises (which includes the Franchised Restaurant) to make non-structural changes at FRANCHISEE'S expense. FRANCHISEE shall obtain, on behalf of itself and BKC, the right to enter the Premises to effectuate the purposes of this subsection (3).
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- Subsection K. of Section 21 of the Franchise Agreement is hereby deleted in its entirety and replaced by the following:
21. K. Entire Agreement
This Agreement, including the Key Contract Data page to this Agreement, together with this Addendum, the Target Reservation Agreement, the Franchise Application, Contribution Agreement, if applicable, submitted by FRANCHISEE to BKC upon which BKC is relying in granting this franchise, constitute the entire agreement of the parties and supersede all prior agreements, negotiations, commitments, representations and undertakings of the parties with respect to the subject matter of this Agreement.
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 109–124)
What This Means (2025 FDD)
Based on the 2025 Burger King Franchise Disclosure Document, the specific paragraphs of the franchise agreement that survive termination or expiration are not detailed in the provided excerpts. However, the document does mention certain obligations a franchisee has upon termination or expiration. Specifically, if a Successor Franchise Agreement is not entered into, the franchisee must make removals or changes to signs and the premises as Burger King requests to distinguish the premises from its former appearance and other Burger King restaurants.
Furthermore, the franchisee consents to Burger King entering the premises to make non-structural changes at the franchisee's expense if the franchisee fails to make these changes themselves. The franchisee must also obtain the right for both themselves and Burger King to enter the premises to fulfill these obligations.
To fully understand which specific paragraphs of the agreement remain in effect post-termination or expiration, a prospective Burger King franchisee should carefully review Section 18.B.(3) and Section 21.K of the Franchise Agreement and seek clarification from the franchisor regarding survival clauses and their implications.