factual

Under what condition is Burros Fries' approval of a General Manager other than the franchisee conditioned?

Burros_Fries Franchise · 2024 FDD

Answer from 2024 FDD Document

or other similar devices and décor items in the Business without our prior written consent.

K. Participation in the Operation of the Business

Franchisee acknowledges that a Burros & Fries Business involves hard work and long hours. Franchisee acknowledges that we have not represented that this Business is going to be easy for Franchisee (or any of its Owners) and agrees to participate in the day-to-day operation of the Business. Unless otherwise approved in writing by us, Franchisee (or one of its Owners) is required to participate in the dayto-day operation of the Business for at least the first year of operation. After Franchisee's first year of operation, Franchisee (or one of its Owners) is not required to participate in the day-to-day operation, however Franchisee agrees that the Business must be at all times under the operation of a General Manager approved by us (as described in Section 12.F of this Agreement). Franchisee agrees that the General Manager will oversee the operations and supervise all Employees. The General Manager will also be responsible for providing continuing guidance, oversight, day-to-day management, oversee all food preparation, enforce service standards and properly process all paperwork, reports and complaints.

L. Advertising the Business

Franchisee agrees to create a local advertising and marketing plan by which Franchisee shall place local advertising in any media it desires, provided that such advertising materials conform to the standards and requirements of us as set forth in our Operations Manual or otherwise designated by us. Such advertising may include but is not limited to: any telephone, email, Internet, domain name, electronic network, directory and listings of the Business per our written approval. All items mentioned are our property and on termination will revert to us. Franchisee agrees to execute any and all documents needed to perfect such reversions. Franchisee shall not advertise the Franchise Business in connection with any other business, except with our prior written approval. Franchisee shall obtain our prior approval of all unapproved advertising and promotional plans and materials that Franchisee desires to use thirty (30) days before the start of any such plans and/or materials. Franchisee shall submit such unapproved plans and materials to us (by personal delivery, electronically or through the mail). Franchisee shall not use such plans or materials until they have been approved by us and shall promptly discontinue use of any advertising or promotional plans and material upon our request. We shall approve or deny Franchisee's request by email or any other form of written communication, which approval is in our sole discretion within thirty (30) days of receipt of Franchisee's request. Any plans or materials submitted by Franchisee to us, which have not been approved or disapproved in writing, within such thirty (30) days period shall automatically be deemed not approved.

Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD pages 44–45)

What This Means (2024 FDD)

According to Burros Fries' 2024 Franchise Disclosure Document, after the first year of operation, if the franchisee (or one of the owners) does not participate in the day-to-day operations of the business, the business must be under the operation of a General Manager approved by Burros Fries. This General Manager will oversee operations, supervise employees, provide guidance, manage food preparation, enforce service standards, and process paperwork.

Burros Fries requires that the General Manager's identity be disclosed to them at all times. The General Manager must have successfully completed Burros Fries' training program and must use their best effort in the role.

The General Manager must meet all of Burros Fries' standards and criteria for the position, as detailed in the Operations Manual. The General Manager is responsible for overseeing the general management of the business and using their best efforts in its operation. This individual and any replacements must also meet the training requirements outlined in the Franchise Agreement. Burros Fries retains the right to require the General Manager, or any other manager, to be present during any inspections they conduct.

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.