May a Burros Fries franchisee be required to upgrade kitchen equipment due to technology advances?

According to Burros Fries's 2024 Franchise Disclosure Document, franchisees may be required to upgrade kitchen equipment due to technology advances or at Burros Fries's discretion. Specifically, franchisees must maintain all kitchen equipment, furnishings, fixtures, technology items and signage as specified in the Operations Manual. Burros Fries may require franchisees to upgrade such items as technology advances or in their sole discretion because of new functionality. This ensures that franchisees always use Burros Fries's then-current specifications.

Furthermore, the Burros Fries Franchise Agreement states that franchisees must adhere to the franchisor's standards, techniques, and operational procedures as prescribed in the Operations Manual. Franchisees must purchase all kitchen equipment and technology items and maintain them according to Burros Fries's standards. Franchisees must replace all kitchen equipment and technology items at their own expense if the items become obsolete or inoperable, or if Burros Fries deems replacement necessary due to new functionality, changes in software, changes in methods of service, or health and safety considerations.

Franchisees have 90 days after receiving written notice from Burros Fries to either remove or replace such kitchen equipment and technology items. Failure to comply with these requirements may result in termination of the Franchise Agreement. This clause ensures that Burros Fries can maintain consistent standards and adapt to new technologies or regulations across all franchise locations, although it places the financial burden of upgrades on the franchisee.