factual

Regarding the maintenance of the Burros Fries Business, where can the franchisee find the specific requirements for maintaining the kitchen equipment, furnishings, fixtures, and technology items?

Burros_Fries Franchise · 2024 FDD

Answer from 2024 FDD Document

of our trade dress. Franchisee acknowledges and agrees that the design, layout and other characteristics of the Business constitute and/or contain

Confidential Information and/or trade secrets of ours. Franchisee agrees that the Business shall be maintained and operated as follows:

    1. Franchisee will maintain the Business and every component of the kitchen equipment furnishings, fixtures and technology items in good order and repair at all times as specified in the Operations Manual;
    1. Franchisee will keep the Business fully insured as specified in this Agreement and in the Operations Manual;
    1. Franchisee will keep the Business at all times in a clean and tidy condition and free of any advertising and promotional material other than that required by law or the Operations Manual, and will exhibit such signage, colors and logos in the Business and upgrade or review the same as specified in the Operations Manual;
    1. Franchisee will not alter or in any way amend the appearance of the Business, or any kitchen equipment, furnishings, fixtures, technology items and signage contained within the Business as specified in the Operations Manual;
    1. Franchisee will maintain all kitchen equipment, furnishings, fixtures, technology items and signage as specified from time-to-time in the Operations Manual and may be required to upgrade such items as technology advances or in our sole discretion because of new functionality so as to always use our then-current specifications;
    1. Franchisee shall meet and maintain the highest level of health standards and ratings applicable to the operation of the Business. Franchisee shall furnish to us, immediatelyor within three (3) days after receipt thereof, a copy of all inspection reports, warnings, citations, certificates and/or ratings resulting from inspections conducted by any federal, state or local governmental authority with jurisdiction over the Business; and
    1. Franchisee may be required to use only approved service centers for repairs and maintenance of all kitchen equipment.

Franchisee shall not execute a lease or sublease for the Business, or make any modifications or amendments to the lease or sublease, without our prior written consent, which we may grant, condition or withhold in our Business Judgment. Franchisee will deliver to us a copy of any lease or sublease for our review at least ten (10) days before execution. Franchisee must deliver a copy of the signed lease or sublease to us within five (5) business days after it is signed. We do not offer legal services to Franchisee and Franchisee is encouraged to consult with independent legal counsel for a legal review of the lease. Franchisee shall ensure that the lease or sublease for the Business contains, in an addendum or otherwise, the following provisions which:

    1. Permit Franchisee to operate a Burros & Fries Business in accordance with this Agreement and the Manuals;
    1. Provide that the site will be used only for the operation of a Burros & Fries Business, and prohibit Franchisee from assigning or modifying any of Franchisee's lease rights, or extending the term without our prior written consent;
    1. Require the lessor to concurrently provide us with a copy of any written notices of default to Franchisee under the lease and give us the right to cure any default if weso choose; within fifteen (15) days following the expiration of the Franchisee's cure period under the lease;
    1. Provide us with a right to take assignment and possession of the Business, without the lessor's consent or any additional consideration. If we exercise this right and

Franchisee is in good standing, we'll sign a sublease with Franchisee for the same rent Franchisee is paying. In any case, we won't have any liability for any obligations incurred prior to our occupancy. Franchisee agrees to take whatever actions are necessary to accomplish such assignment and will, when you sign this Agreement, also sign the Collateral Assignment of Lease attached as Schedule 6.

Source: Item 22 — CONTRACTS (FDD page 53)

What This Means (2024 FDD)

According to the 2024 Burros Fries Franchise Disclosure Document, the specific requirements for maintaining the kitchen equipment, furnishings, fixtures, and technology items are detailed in the Operations Manual. Franchisees are expected to maintain the business and all its components, including kitchen equipment, furnishings, fixtures, and technology items, in good order and repair at all times, as specified in the Operations Manual. Franchisees must not alter the appearance of the business or any of its components without permission. They are also responsible for maintaining all items as specified in the Operations Manual, and may be required to upgrade items as technology advances. Franchisees may be required to use only approved service centers for repairs and maintenance of all kitchen equipment. Franchisees must also operate, service, repair, maintain and clean all such items according to Burros Fries' standards as outlined in the Operations Manual. Franchisees must keep all kitchen equipment and technology items in clean and good working order at all times and purchase only approved parts to repair its kitchen equipment and technology items from approved vendors and suppliers.

Burros Fries requires franchisees to adhere strictly to the standards, techniques, and operational procedures prescribed in the Operations Manual or in writing. Franchisees must purchase all kitchen equipment and technology items and maintain them according to Burros Fries' standards. All maintenance that cannot be completed by the franchisee must be performed by approved vendors. Unless otherwise agreed, franchisees should not use kitchen equipment older than ten years or technology items older than seven years. Franchisees are responsible for replacing obsolete or inoperable equipment and technology, or when replacement is necessary due to new functionality, software changes, or health and safety considerations, within 90 days of written notice from Burros Fries.

Prospective Burros Fries franchisees should carefully review the Operations Manual to understand the specific maintenance requirements for all equipment, furnishings, and technology. This includes understanding the approved vendors for parts and services, the standards for cleanliness and repair, and the timeline for replacing obsolete items. Adhering to these requirements is crucial for maintaining the quality and consistency of the Burros Fries brand and avoiding potential termination of the franchise agreement.

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.