Is the determination of a 'National Account' by Burros Fries subject to dispute?

According to Burros Fries' 2024 Franchise Disclosure Document, any dispute regarding whether a particular person or account qualifies as a National Account is definitively determined by Burros Fries. The FDD states that Burros Fries has the sole and absolute discretion in making this determination, and that their decision is final and binding.

This means a franchisee cannot contest Burros Fries' decision on whether an organization is classified as a National Account. This is important because National Accounts often have special agreements or pricing, and Burros Fries retains the exclusive right to negotiate and enter into agreements with these accounts, unless they specifically delegate this right in writing.

If a franchisee is offered the opportunity to provide products or services to a National Account within their territory, it will be under the terms and conditions of the National Account contract, or as Burros Fries determines in its sole discretion. The franchisee must accept these terms if they wish to serve the National Account. This arrangement gives Burros Fries significant control over relationships with large clients and ensures consistency across the brand, but it also limits the franchisee's ability to negotiate terms independently.