What aspects of the Burros Fries system does the franchisor license to the franchisee?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
WHEREAS, We have devised a uniform system for the establishment and operation of a Burros & Fries restaurant that serves a variety of sandwiches, plates and salads and beverages (such as carbonated drinks, juices, teas and bottled water) for lunch and dinner and made fresh daily using proprietary recipes with an operational emphasis on quality and superior service (the "System") either within a shopping center or free-standing structure. You may sell novelty items and other products approved by us (hereinafter referred to as "Products"), as well as offering catering services (the "Services") (hereinafter referred to as the "Business," "Franchise Business," "Franchised Business," "Franchise" or "Burros & Fries Restaurant;"
Franchisee acknowledges that we have spent considerable time in developing the Products, Services, standards, processes, methods and technology used in the operation of a Burros & Fries Business. Accordingly, Franchisee acknowledges that Franchisee is to use only approved products, supplies, kitchen equipment, vendors, suppliers and services that includes, but is not limited to: ingredients (such as dry goods, our spice packages, sauces, dressings, condiments, etc.), fresh produce, dairy products; beverage products (such as: tea, carbonated drinks, juices and specialty beverages), supplies (such as small wares, disposables, packaging materials, disposables and cooking supplies), any merchandise for sale (such as: shirts, hats, baby bibs, etc.), kitchen equipment (such as: refrigerators, freezers, etc. as described in Item 7), furnishing and fixtures, technology items (such as computers, POS system, sound system, etc.), software, printed menus, signage, uniforms, professional laundry services, merchant services, POS and technology support services and printed advertising materials necessary for the operation of the Business.
With respect to Franchisee's franchised use of Burros & Fries Franchise, Inc.'s Names and Marks pursuant to this Agreement, Franchisee agrees that:
- Franchisee shall use only the Names and Marks as are approved in writing by us for Franchisee's use, and shall use them only in the manner authorized and permitted by us and that in any use whatsoever of the Names and Marks of ours that the Names and Marks are identified as being registered to or owned by Burros & Fries Franchise, Inc., with exclusive rights give to us;
Franchisee shall use the Names and Marks only in connection with the operation of the Business and in advertising for the Business conducted at or from the Franchisee's web page and Accepted Location;
Any rights not expressly granted to the Franchisee are reserved to us. Such rights reserved to us include but are not limited to the following:
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- Own and/or operate ourselves, and/or authorize others to own and/or operate:
a) Any kind of business in the Territory which is not substantially similar to a Burros & Fries Business, whether or not using the Marks and System and on any terms and conditions we deem appropriate; and
b) Any kind of business outside of the Territory, including, without limitation, Burros & Fries Businesses, whether or not using Burros & Fries Marks and System and on any terms and conditions we deem appropriate;
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- We may choose in our Business Judgment (as defined in Section 21 of this Agreement) to advertise, offer and sell Products and/or provide Services through the Internet and other similar venues (no matter where the person is located) without paying any compensation to Franchisee.
Franchisee specifically acknowledges that, pursuant to this Agreement, Franchisee will receive valuable specialized training, our Confidential Information and our System.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to the 2024 Burros Fries Franchise Disclosure Document, franchisees are granted the right to operate a Burros & Fries restaurant, utilizing the franchisor's established system. This system encompasses a variety of sandwiches, plates, salads, and beverages, prepared fresh daily using proprietary recipes. The license extends to selling novelty items and other approved products, as well as offering catering services. The franchisor has spent considerable time designing the decoration and outfitting of a Burros & Fries Business with specific kitchen equipment, furnishing, fixtures, décor items and signage, which is part of their trade dress.
Burros Fries franchisees must use only approved products, supplies, kitchen equipment, vendors, and services, including ingredients, fresh produce, beverage products, small wares, packaging materials, merchandise for sale, kitchen equipment, technology items, software, printed menus, signage, uniforms, professional laundry services, merchant services, POS and technology support services, and printed advertising materials. The franchisor may derive income from these approved vendors through various fees. The franchisee is licensed to use the Burros & Fries names and marks, but only as approved in writing by the franchisor and in connection with the operation and advertising of the business at the franchisee's location.
Burros Fries retains rights not expressly granted to the franchisee, including operating businesses not substantially similar to a Burros & Fries business, developing and selling Burros Fries labeled products through other channels, developing other concepts, and engaging in transactions with other businesses. The franchisor also reserves the right to advertise and sell products and services through the Internet without compensating the franchisee. Franchisees receive valuable specialized training, confidential information, and the Burros Fries system, and they are restricted from competing against the franchisor during the term of the agreement and for a period of two years after its termination within a specified radius.