factual

Does Burros Fries have the right to modify the final set of drawings and architectural plans periodically?

Burros_Fries Franchise · 2024 FDD

Answer from 2024 FDD Document

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:

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.

Source: Item 22 — CONTRACTS (FDD page 53)

What This Means (2024 FDD)

According to Burros Fries's 2024 Franchise Disclosure Document, while Burros Fries does not have the explicit right to modify the final set of drawings and architectural plans periodically, the franchisee is required to use only approved products, supplies, kitchen equipment, vendors, and suppliers. Burros Fries may periodically, upon written notice, add to, modify, or change such approved products, supplies, kitchen equipment, vendors, and suppliers without limit. The franchisee is responsible for promptly accepting and implementing all additions, modifications, and changes at their own expense.

Burros Fries acknowledges that they have spent considerable time designing the decoration and outfitting of a Burros & Fries Business with specific kitchen equipment, furnishing, fixtures, décor items, and signage, which is part of their trade dress. This suggests that while the franchisee may hire their own architect to create a complete set of drawings based on facility size and local permitting requirements, Burros Fries retains control over the specifications and standards of the business's design and equipment.

Prospective franchisees should seek clarification from Burros Fries regarding the extent of their control over modifications to architectural plans and the approval process for any changes to ensure a clear understanding of their obligations and potential costs.

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.