Under what conditions does the guarantee of Restaurant Brands International Limited Partnership for Burger King continue?
Burger_King Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
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, Restaurant Brands International Limited Partnership guarantees the obligations of Burger King Company LLC under its franchise registration and Franchise Agreement. This guarantee extends to the Franchise Agreement as it may be amended and entered into with franchisees who are residents of specific states or for locations within those states.
The guarantee remains in effect until all obligations of Burger King Company LLC under the franchise registrations and the Franchise Agreement are fulfilled. Alternatively, the guarantee continues until Burger King Company LLC's liability to franchisees under the Franchise Agreement has been completely discharged.
Importantly, Restaurant Brands International Limited Partnership is not released from liability if a franchisee's claim against Burger King Company LLC remains outstanding. This ensures that franchisees have a continued avenue for recourse even if Burger King Company LLC faces unresolved claims. The guarantor, Restaurant Brands International Limited Partnership, signed this guarantee on March 4, 2025, in Miami, Florida.