factual

Under the Burger King development schedule, are Cumulative Opening Targets adjusted for restaurant closures, and does the reason for closure affect this adjustment?

Burger_King Franchise · 2025 FDD

Answer from 2025 FDD Document

All of the Cumulative Opening Targets (as defined in the Development Schedule) set forth in the Development Schedule are expressed net of closures, without distinction as to the reason for such closure (i.e., expiration, early termination or otherwise).

(b) Net of Closures Requirement. Developer acknowledges and agrees that all Cumulative Opening Targets must be achieved net of closures (as set forth in this Development Schedule and in Article III) so that such targets represent net restaurant growth (or NRG) in the Territory for each Development Year or portion thereof, as the case may be, and (ii) in the event of the closure of any Developer Restaurant in the Territory (including without limitation Developer Restaurants owned and operated by Developer and/or its Affiliates prior to the Commencement Date and Developer Restaurants not developed or opened pursuant to the Agreement), and without distinction as to the reason for such closure (i.e., expiration, early termination or otherwise), such Restaurant must be replaced by a new Franchised Restaurant by the end of the Development Year in which the closure occurred, as necessary, in order to achieve the Cumulative Opening Targets net of closures.

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, the Cumulative Opening Targets in the Development Schedule are expressed net of closures. This means that any restaurant closures within the territory will affect the number of new restaurants a developer needs to open to meet their targets.

Importantly, the adjustment for closures is applied without regard to the reason for the closure. Whether a restaurant closes due to expiration of the franchise agreement, early termination, or any other reason, it will still be factored into the calculation of the Cumulative Opening Targets. The developer is responsible for replacing any closed restaurants with new franchised locations by the end of the development year in which the closure occurred to meet the net-of-closure targets.

This requirement ensures that Burger King maintains a certain level of net restaurant growth within the territory. For a prospective franchisee, this means understanding that simply opening new restaurants is not enough; they must also account for any existing restaurants that may close during their development term and be prepared to replace them to stay on track with their development schedule.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.