Where in the Burros Fries FDD can I find information about the franchise grant?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
5. FRANCHISE GRANT
We hereby grants to Franchisee, upon the terms and conditions herein contained and subject to this Agreement, the right, license, and privilege, and Franchisee hereby accepts a franchise under the terms and conditions set forth herein, to operate a Burros & Fries Business that has been assigned a protected territory as set forth in Section VI (referred to asthe "Territory"), with the right to use solely in connection therewith our Names and Marks, Products, Services, its advertising and merchandising methods, and our System, as they may be changed, improved and further developed from time to time only at the Accepted Location as set forth in Section VI and provided the Franchisee shall adhere to the terms and conditions hereof.
It is understood and agreed that, except as expressly provided herein or if any other agreement is executed, this franchise includes no right of Franchisee to sub franchise.
Except as provided in this Agreement, Franchisee shall be free to use the materials provided by us in the manner that Franchisee, in Franchisee's sole and absolute discretion, deems most appropriate for the Business, provided that Franchisee shall not violate any applicable law, regulation or provision of this Agreement in exercising such discretion.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to Burros Fries's 2024 Franchise Disclosure Document, the details regarding the franchise grant are outlined in Section 5 of the Franchise Agreement. This section specifies that Burros Fries grants the franchisee the right, license, and privilege to operate a Burros & Fries Business within a protected territory, subject to the terms and conditions of the agreement. The franchisee also gains the right to use Burros Fries's names and marks, products, services, advertising and merchandising methods, and the Burros Fries system, which may be updated or improved over time. This is only applicable at the Accepted Location as defined in Section VI of the agreement, and provided the franchisee adheres to all terms and conditions.
The franchise grant does not include any right for the franchisee to sub-franchise unless expressly provided in the agreement or another executed agreement. The franchisee is generally free to use the materials provided by Burros Fries in a manner they deem appropriate for the business, as long as they comply with all applicable laws, regulations, and provisions of the agreement.
Any rights not explicitly granted to the franchisee are reserved to Burros Fries. These reserved rights include the ability to own and operate other businesses, including those not substantially similar to a Burros & Fries Business, both within and outside the franchisee's territory. Burros Fries also retains the right to develop, distribute, and sell branded products and kitchen equipment through various channels, and to develop or associate with other concepts, including dual branding, and award franchises under these concepts. Additionally, Burros Fries can engage in transactions such as acquisitions, mergers, or affiliations with other businesses, even those that compete with the franchisee's business.