Where can I find information about the obligation to maintain and renovate the Burros Fries business?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee acknowledges that we have spent considerable amount of time choosing and creating the décor and outfitting Burros & Fries Businesses. It is part of our trade dress. Franchisee acknowledges and agrees that the design, layout and other characteristics of the Business constitute and/or contain
Confidential Information and/or trade secrets of ours. Franchisee agrees that the Business shall be maintained and operated as follows:
As between us and the Franchisee, the Franchisee shall bear the entire risk of any damage, loss, theft or destruction to the Business from any cause whatsoever or requisition of the Business by any governmental entity or the taking of title to the Business by eminent domain or otherwise (collectively, "Loss"). The Franchisee shall advise us in writing within ten (10) days of any such Loss. No such Loss shall relieve the Franchisee of the obligation to pay Royalty Fees and all other amounts owed hereunder. In the event of any such Loss, we, at our option, may: (a) if the Loss has not materially impaired the Business (in our reasonable Business Judgment), require that the Franchisee, upon our demand, place the Business in good condition and repair reasonably satisfactory to us as mentioned above; or (b) if the Loss has materially impaired the Business and it is substantially destroyed, (in our sole judgment), we may require the Franchisee to repair the existing Business or find an alternative location within the Territory within ninety (90) days or soonest possible timeframe according to Franchisee's lease. We may extend this period an additional thirty (30) days at our discretion and failure of Franchisee to comply may result in termination of this Agreement. Upon termination, the Franchisee must return to us the System (including
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to the 2024 Burros Fries Franchise Disclosure Document, the franchisee is responsible for maintaining the Burros & Fries Business. The franchisee must keep the business in good condition and repair, reasonably satisfactory to Burros Fries. If the business suffers damage, loss, or destruction, the franchisee bears the entire risk.
If the loss hasn't materially impaired the business, Burros Fries can require the franchisee to restore it to good condition. However, if the loss is substantial, Burros Fries may require the franchisee to either repair the existing business or find an alternative location within the designated territory within 90 days, with a possible 30-day extension. Failure to comply may result in the termination of the Franchise Agreement.
The design, layout, and characteristics of the Burros Fries business constitute confidential information and trade secrets. Franchisees must maintain and operate the business according to Burros Fries' standards. All improvements to the Business must be approved by Burros Fries.