Under what conditions can the Burger King franchise agreement be amended, modified, superseded, or cancelled?

VA | 803-579-6793 | | Carrols LLC | VIRGINIA BEACH | VA | 803-579-6793 | | Walther | Warrenton | VA | (540) 347-9673 | | Carrols LLC | WYTHEVILLE | VA | 803-579-6793 | | Carrols LLC | BARRE | VT | 803-579-6793 | | Carrols LLC | BENNINGTON | VT | 803-579-6793 | | Carrols LLC | BRATTLEBORO | VT | 803-579-6793 | | Carrols LLC | COLCHESTER | VT | 803-579-6793 | | Carrols LLC | RUTLAND | VT | 803-579-6793 | | Carrols LLC | S BURLINGTON | VT | 803-579-6793 | | Carrols LLC | SAINT ALBANS | VT | 803-579-6793 | | Host Int'l, Inc | Spokane | WA | (302) 521-9729 | | Ambrosia QSR Burger, LLC* | Tacoma | WA | 952-240-4537 | | Carrols LLC | FOLLANSBEE | WV | 803-579-6793 | | Carrols LLC | LEWISBURG | WV | 803-579-6793 | | Carrols LLC | MOUNDSVILLE | WV | 803-579-6793 | | Carrols LLC | WHEELING | WV | 803-579-6793 |

If you buy this franchise, your contact information may be disclosed to other buyers when you leave the franchise system.

• 1. This chart does not include a transfer when the beneficial ownership of the franchise does not change.
• 1. Some of these franchisees may be operating other Burger King Restaurants.
• 1. Denotes a developer with a development agreement. However, the development agreement may still be in effect.

AMENDMENT TO BURGER KING® RESTAURANT FRANCHISE AGREEMENT (ENTITY) REQUIRED BY THE STATE OF CALIFORNIA Burger King Restaurant

Notwithstanding anything to the contrary set forth in the Franchise Agreement, the following provisions shall supersede and apply to all BURGER KING franchises offered and sold in the State of California:

• 1. The California Franchise Relations Act (Business and Professions Code Sections 20000 through 20043) provides franchisees with additional rights concerning termination or non-renewal of the Franchise Agreement and certain provisions of the Franchise Agreement relating to termination and non-renewal may be superseded by the Act. There may also be court decisions which may supersede the Franchise Agreement and Franchisee's relationship with BKC, including the areas of termination and renewal of Franchisee's franchise. If the Franchise Agreement is inconsistent with the law, the California law will control.
• 1. The Franchise Agreement requires application of the laws of Florida. This provision may not be enforceable under California law.
• 1. The Franchise Agreement provides for termination upon bankruptcy. This provision may not be enforceable under federal bankruptcy law (11 U.S.C.A. Sec. 101 et seq.).
• 1. The Franchise Agreement requires Franchisee to execute a general release of claims upon renewal or transfer of the Franchise Agreement. California Corporations Code Section 31512 provides that any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with any provision of that law or any rule or order thereunder is void. Section 31512 voids a waiver of Franchisee's rights under the Franchise Investment Law (California Corporations Code Section 20010 voids a waiver of Franchisee's rights under the Franchise Relations Act (Business and Professions Code Sections 20000 - 20043)). To the extent required by such laws, Franchisee shall not be required to execute a general release.
• 1. The Franchise Agreement contains a covenant not to compete which extends beyond the termination of the franchise. This provision may not be enforceable under California law.
• 1. The Franchise Agreement contains a waiver of certain jury trial provisions. This waiver may not be enforceable under California law.
• 1. Section C of the Introduction of the Franchise Agreement shall be deleted in its entirety and replaced with the following language:
  • C. Franchisee desires to acquire a franchise to operate a BURGER KING Restaurant at the Premises for the entire Term specified in this Agreement.
• 1. No statement, questionnaire, or acknowledgment signed or agreed to by Franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of BKC. This provision supersedes any other term of any document executed in connection with the franchise.

1. Each provision of this Amendment shall be effective only to the extent, with respect to such provision, that the jurisdictional requirements of the California Franchise Investment Law, Cal. Corporations Code Sections 31000 et seq. are met independently without reference to this Amendment.

IN WITNESS WHEREOF, the parties have executed this Amendment to the Franchise Agreement on the same day that the Franchise Agreement was executed.

THIS AMENDMENT IS AN ATTACHMENT TO ALL BURGER KING® RESTAURANT FRANCHISE AGREEMENTS (ENTITY) GRANTED IN THE STATE OF CALIFORNIA.

AMENDMENT TO BURGER KING® RESTAURANT FRANCHISE AGREEMENT (ENTITY) REQUIRED BY THE STATE OF HAWAII Burger King Restaurant

Notwithstanding anything to the contrary set forth in the Franchise Agreement, the following provisions shall supersede and apply to all BURGER KING franchises offered and sold in the State of Hawaii:

• 1. Section 18.B of the Franchise Agreement shall be amended by the addition of the following new subsection (6), which shall be considered an integral part of the Agreement:
  • (6) Hawaii Law: Notwithstanding anything to the contrary in this Section 18.B, BKC shall comply with Hawaii law which currently requires that BKC compensate the Franchisee upon termination or refusal to renew the franchise for the fair market value, at the time of the termination or expiration of the franchise, of any inventory, supplies, equipment and furnishings which were purchased from BKC or a supplier designated by BKC. Personalized materials which have no value to BKC need not be compensated for. If BKC refuses to renew a franchise for the purpose of converting the Franchisee's business to one owned and operated by BKC, BKC, in addition, must compensate the Franchisee for the loss of goodwill. BKC may deduct reasonable costs incurred in removing, transporting and disposing of the Franchisee's inventory, supplies, equipment and furnishings pursuant to these requirements, and may offset any moneys due BKC.
• 1. No release, assignment, novation, or waiver set forth in the Agreement will relieve BKC or any other person from liability imposed by the Hawaii Franchise Investment Law, Hawaii Rev. Stat. §§ 482E, et seq.
• 1. Section C of the Introduction of the Franchise Agreement shall be deleted in its entirety and replaced with the following language:
  • C. Franchisee desires to acquire a franchise to operate a BURGER KING Restaurant at the Premises for the entire Term specified in this Agreement.
• 1. No statement, questionnaire, or acknowledgment signed or agreed to by Franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of BKC. This provision supersedes any other term of any document executed in connection with the franchise.
• 1. Each provision of this Amendment is effective only to the extent with respect to such provision that the jurisdictional requirements of the Hawaii Franchise Investment Law are met independently without reference to this Amendment.

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IN WITNESS WHEREOF, the parties have executed this Amendment to the Franchise Agreement on the same day that the Franchise Agreement was executed.

THIS AMENDMENT IS AN ATTACHMENT TO ALL BURGER KING® RESTAURANT FRANCHISE AGREEMENTS (ENTITY) GRANTED IN THE STATE OF HAWAII.

AMENDMENT TO BURGER KING® RESTAURANT FRANCHISE AGREEMENT (ENTITY) REQUIRED BY THE STATE OF ILLINOIS Burger King Restaurant

Notwithstanding anything to the contrary set forth in the Franchise Agreement, the following provisions shall supersede and apply to all BURGER KING franchises offered and sold in the State of Illinois:

• 1. Illinois law governs the Franchise Agreement.
• 1. Franchisee's rights upon termination and non-renewal are set forth in Sections 19 and 20 of the Illinois Franchise Disclosure Act of 1987, Ill. Comp. Stat. §§ 705/1 to 705/44 (the "Act").
• 1. Section 4 of the Act states that "Any provision in a franchise agreement that designates jurisdiction or venue in a forum outside of this State is void, provided that a franchise agreement may provide for arbitration in a forum outside of this State."
• 1. Any condition, stipulation or provision purporting to bind any person acquiring a franchisee to waive requirements with any provisions of the Act or any other law of the State of Illinois is void.

Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 109–124)