Must a Burros Fries franchisee prepare food according to Burros Fries' standards?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee agrees to offer such Products and Services in the manner and style we specify, which may, from time to time, be amended or modified in writing (email or any other form of written communication), designated and approved by us. Franchisee must prepare all food in accordance withour recipes, methods, techniques, processes and presentation standards designated by us which may, in our sole discretion, change from time to time. However, upon our written approval, Franchisee has the flexibility to add a menu item that is specific to its geographic area as long as the menu item complies with our standards as specified in the Operations Manual. We will respond to Franchisee's request to implement a menu item within thirty (30) days from the date the request is received and we will respond by email or any other form of written communication. We have the right to require, as a condition of our approval and review, that Franchisee submit to us all materials and supporting documentation describing such menu item that Franchisee wishes to offer in its Business. The cost of such investigation for approval shall be paid by the Franchisee (if applicable) and we shall not be liable for denying Franchisee's request. Approval may be revoked in oursole discretion where suchmenu item no longer adheresto our standards asspecified in the Operations Manual. Franchisee acknowledges that all food preparation methods, recipes, techniques, processes and presentation are integral to the System and failure to adhere to such food preparation, recipes, techniques and processes are detrimental to the System. Franchisee must also comply with our required procedures for submitting orders for products and supplies, as we may periodically adopt. Franchisee must not deviate from our required procedures for preparing food, recipes, techniques, processes, presentation, ordering procedures and standards or by the use of non-conforming items or differing amounts of any items without first obtaining our written request. Failure of Franchisee to (i) sell, offer, change, modify or discontinue any Product (including menu item), Service or Rewards Program; (ii) adhere to our food preparation methods, recipes, techniques, methods, processes and presentation standards; and/or (iii) execute and provide Services as outlined above will result in termination of this Agreement as specified in Section 23.C.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to Burros Fries' 2024 Franchise Disclosure Document, franchisees must adhere to the franchisor's standards when preparing food. Specifically, the franchisee must prepare all food in accordance with Burros Fries' recipes, methods, techniques, processes, and presentation standards. These standards may change over time at Burros Fries' discretion. Failure to adhere to these food preparation guidelines can result in the termination of the Franchise Agreement.
Burros Fries requires franchisees to use only approved products, supplies, kitchen equipment, vendors, and suppliers. This includes ingredients, fresh produce, dairy products, beverage products, small wares, disposables, packaging materials, merchandise for sale, kitchen equipment, furnishings, fixtures, technology items, software, printed menus, signage, uniforms, professional laundry services, merchant services, POS and technology support services, and printed advertising materials. Burros Fries may add to, modify, or change these approved items and vendors periodically, and franchisees must promptly implement these changes at their own expense.
Franchisees have the flexibility to request the addition of a menu item specific to their geographic area, but it requires written approval from Burros Fries and must comply with the standards in the Operations Manual. Burros Fries will respond to such requests within thirty days. The franchisee is responsible for the costs associated with the investigation for approval, and Burros Fries can revoke approval if the menu item no longer adheres to their standards. All food preparation methods, recipes, techniques, processes, and presentation are integral to the Burros Fries system, and failure to adhere to them is considered detrimental to the system.
Burros Fries also emphasizes the importance of maintaining the confidentiality of its proprietary information, including specific food preparation techniques, methods, and procedures. Franchisees must not disclose this information, except to employees who need access to it for operating the business. This underscores the importance of following Burros Fries' standards to protect the brand's unique offerings and maintain consistency across all franchise locations.