Under what conditions are Burger King Developer's obligations to participate in and pre-pledge votes in the National/Divisional and Local Investment Surveys suspended?
Burger_King Franchise · 2025 FDDAnswer from 2025 FDD Document
- 9.1.3 Provided that Developer is not in default under the terms of any "Fuel The Flame" Co-Investment Agreement entered into between Developer (or any Developer Affiliate) and BKC prior to the date hereof (collectively, the "FTF Agreements") and/or any other agreement between any Developer and BKC, commencing on the Effective Date and ending upon the expiration of the term of the FTF Agreements (the "SOS Suspension Period"), BKC agrees that obligations set forth in Section 9.1.1 and 9.1.2 above shall be suspended with respect to each Show of Support Survey occurring during the SOS Suspension Period. From and after the end of the SOS Suspension Period, Developer shall be obligated to comply with the obligations set forth in Section 9.1.1 and 9.1.2 until the expiration or termination thereof pursuant to the terms of this 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, a Developer's obligations to participate in and pre-pledge votes in the National/Divisional and Local Investment Surveys are suspended under specific conditions related to the "Fuel The Flame" Co-Investment Agreement.
Specifically, if the Developer is not in default under the terms of any "Fuel The Flame" Co-Investment Agreement (FTF Agreements) entered into between the Developer (or any Developer Affiliate) and BKC prior to the date of the agreement, and/or any other agreement between any Developer and BKC, the obligations to participate in and pre-pledge votes in the Show of Support Survey are suspended. This suspension begins on the Effective Date and ends upon the expiration of the term of the FTF Agreements, which is referred to as the "SOS Suspension Period".
After the SOS Suspension Period ends, the Developer is obligated to comply with the requirements outlined in Sections 9.1.1 and 9.1.2, which pertain to participation and pre-pledging votes in the National/Divisional and Local Investment Surveys. This obligation continues until the expiration or termination of the agreement, according to its terms.