Are Burros Fries franchisees required to use specific printed menus for their business?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
tional programs, marketing programs and/or product promotions promulgated by us periodically.
I. Use Approved Products, Supplies, Kitchen Equipment, Vendors and Suppliers
Franchisee acknowledges that we have spent considerable time in developing the Products, Services, standards, processes, methods and technology used in the operation of a Burros & Fries Business. Accordingly, Franchisee acknowledges that Franchisee is to use only approved products, supplies, kitchen equipment, vendors, suppliers and services that includes, but is not limited to: ingredients (such as dry goods, our spice packages, sauces, dressings, condiments, etc.), fresh produce, dairy products; beverage products (such as: tea, carbonated drinks, juices and specialty beverages), supplies (such as small wares, disposables, packaging materials, disposables and cooking supplies), any merchandise for sale (such as: shirts, hats, baby bibs, etc.), kitchen equipment (such as: refrigerators, freezers, etc. as described in Item 7), furnishing and fixtures, technology items (such as computers, POS system, sound system, etc.), software, printed menus, signage, uniforms, professional laundry services, merchant services, POS and technology support services and printed advertising materials necessary for the operation of the Business. We may derive income through license fees, promotional fees, advertising allowances, rebates or other monies paid by approved vendors and/or suppliers. We do not know the precise basis of these payments because we have never previously collected them but if we collect such payments we have the discretion to use them as we determine. If we require Franchisee to buy from us, products, supplies or kitchen equipment the price and quality will be comparable to similar products, supplies and kitchen equipment from other sources Franchisee agreesthat we may periodically and upon written notice, add to, modify or change such approved products, supplies, kitchen equipment, vendors and suppliers and there is no limit in our right do so. Franchisee promises to promptly accept and implement, in the operation of its Business, all such additions, modifications and changes at Franchisees expense. In addition, Franchisee acknowledgesthat:
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- We have spent considerable time designing the decoration and outfitting of a Burros & Fries Business with specific kitchen equipment, furnishing, fixtures, décor items and signage. This is part of our trade dress. Franchisee must purchase such items from us and/or our affiliates or approved vendors as specified in the Operations Manual and Section 12.T of this Agreement.
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- To insure the consistent high quality and uniformity of Products and Services provided by the Franchised Businesses, Franchisee must lease or purchase all products, supplies, kitchen equipment and services (as described above) for use in the operation of its Business, from us, our affiliates or approved vendors who demonstrate to our continuing satisfaction an ability to meet our standards and specifications.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to the 2024 Burros Fries Franchise Disclosure Document, franchisees are required to use printed menus that are approved by Burros Fries. As part of using Burros Fries' Names and Marks, franchisees must obtain approval for any use of any item of printed material of any kind bearing any of the Names or Marks, unless Burros Fries supplied the item. Burros Fries will approve or deny a franchisee's request within thirty (30) days of receipt of the franchisee's written request; failure to respond within that time period means the request is denied.
This means that a Burros Fries franchisee cannot create their own menus or alter existing ones without express permission from the franchisor. This ensures brand consistency across all locations. The franchisee must submit a written request for approval for any printed material bearing Burros Fries' names or marks.
The franchisee is responsible for using only approved products, supplies, and services, including printed menus, necessary for the operation of the business. Burros Fries may periodically add to, modify, or change such approved products, supplies, kitchen equipment, vendors, and suppliers. The franchisee promises to promptly accept and implement all such additions, modifications, and changes at the franchisee's expense.
Burros Fries also maintains the right to add or modify approved products, supplies, and vendors, ensuring that franchisees adhere to the updated standards. Franchisees bear the expense of implementing these changes. This requirement helps maintain uniformity and quality across all Burros Fries locations, but it also means franchisees have limited autonomy in choosing their own materials and vendors.