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Is a Burros Fries franchisee required to execute a general release to renew the franchise agreement?

Burros_Fries Franchise · 2024 FDD

Answer from 2024 FDD Document

7. TERM AND RENEWAL OF AGREEMENT

A. Term

The Franchise herein granted for a Burros & Fries Business, shall be for a term of ten (10) years from the date of execution and acceptance (the "Effective Date") of this Agreement by us and subject to earlier termination as herein provided. We reserve the right, with your approval, to change the term to match the premise's lease.

B. Renewal

Franchisee shall have the option to renew this Agreement for up to two (2) additional terms of ten (10) years each, provided we are still offering franchises at that time, and further subject to the following conditions, all of which must be met prior to renewal:

    1. Franchisee shall give us written notice of its election to renew not more that twelve (12) months and not less than six (6) months prior to the end of the then current term. We will respond to Franchisee's written notice to renew no later than thirty (30) days after receipt of such notice by email or any other form of written communication;
    1. Franchisee must not be in default under any provision of the Agreement, any amendment hereof or successor hereto, or any other agreement between us and Franchisee, and

Franchisee shall have complied with all the terms and conditions of all such agreements during the terms thereof;

Source: Item 22 — CONTRACTS (FDD page 53)

What This Means (2024 FDD)

Based on the 2024 Burros Fries Franchise Disclosure Document, the document does not state whether a franchisee is required to execute a general release to renew the franchise agreement. However, to renew the agreement for up to two additional terms of ten years each, a franchisee must meet certain conditions.

These conditions include providing written notice of election to renew not more than twelve months and not less than six months prior to the end of the current term. The franchisee must also not be in default under any provision of the agreement or any other agreement between Burros Fries and the franchisee, and must have complied with all the terms and conditions of all such agreements during their terms.

Because the FDD does not specify whether a general release is required for renewal, prospective franchisees should directly ask Burros Fries about this requirement. Understanding all conditions for renewal, including any requirements for a general release, is crucial for long-term planning and investment decisions.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.