Can a Burros Fries franchisee open a business at a location other than the Accepted Location?

According to the 2024 Burros Fries Franchise Disclosure Document, franchisees are generally restricted from operating their business at any location other than the "Accepted Location" specified in their Franchise Agreement. The FDD states that the franchisee must operate its Burros Fries business within the specific territory identified in the agreement.

The "Accepted Location" is determined once a site is chosen and approved by Burros Fries. The territory is defined by factors such as population base, demographics, traffic patterns, proximity to major roads, parking, competition, business potential, site availability, square footage, and rent. The territory's boundaries are typically defined by major topographical features like streets, highways, rivers, and mountains.

Burros Fries retains the right to operate or authorize others to operate businesses outside the franchisee's territory, including other Burros Fries locations. The franchisee's rights to use Burros Fries' names and marks are limited to the operation of the business at the Accepted Location. Any unauthorized use of the names and marks constitutes an infringement of Burros Fries' rights and a material breach of the Franchise Agreement.

Franchisees may open additional Burros Fries businesses if they buy the rights to additional franchises, with each new franchise requiring a separate agreement that dictates the terms of the applicable territory. This means that while a franchisee cannot move their original business, they can expand by acquiring additional franchise rights for new, approved locations.