Where can the definition of 'kitchen equipment' be found in the Burros Fries agreement?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
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. We may derive income through license fees, promotional fees, advertising allowances, rebates or other monies paid by approved vendors and/or suppliers. We do not know the precise basis of these payments because we have never previously collected them but if we collect such payments we have the discretion to use them as we determine. If we require Franchisee to buy from us, products, supplies or kitchen equipment the price and quality will be comparable to similar products, supplies and kitchen equipment from other sources Franchisee agreesthat we may periodically and upon written notice, add to, modify or change such approved products, supplies, kitchen equipment, vendors and suppliers and there is no limit in our right do so. Franchisee promises to promptly accept and implement, in the operation of its Business, all such additions, modifications and changes at Franchisees expense. In addition, Franchisee acknowledgesthat:
We have spent considerable time designing the decoration and outfitting of a Burros & Fries Business with specific kitchen equipment, furnishing, fixtures, décor items and signage.
This is part of our trade dress.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to the 2024 Burros Fries Franchise Disclosure Document, while a specific section defining 'kitchen equipment' is not explicitly provided, Item 22 references Item 7 for a description of kitchen equipment. Item 22, Section I, discusses the franchisee's obligation to use only approved products, supplies, kitchen equipment, vendors, and suppliers.
This section lists examples of items considered to be kitchen equipment, such as refrigerators and freezers. It also states that Burros Fries has spent considerable time designing the decoration and outfitting of a Burros & Fries Business with specific kitchen equipment, which is part of their trade dress. Franchisees are required to purchase these items from Burros Fries, its affiliates, or approved vendors as specified in the Operations Manual and Section 12.T of the Franchise Agreement.
Prospective franchisees should carefully review Item 7 and Section 12.T of the Franchise Agreement, along with the Operations Manual, to fully understand the requirements and restrictions regarding kitchen equipment. It is important to clarify with Burros Fries what specific items are included under the definition of 'kitchen equipment' and the approved vendors list to ensure compliance and avoid potential issues.