Does the Chick Fil A amendment apply to the Concession Sublicense Agreement?
Chick_Fil_A Franchise · 2025 FDDAnswer from 2025 FDD Document
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- The Operator hereby agrees that the Additional Business described above shall be governed by the terms of the Agreement, as amended by this Amendment. Pursuant to Section 2.6 of the Agreement, the Concession Agreement and any Prime Lease, Ground Lease or other rental obligations of the Operator with respect to the Additional Business shall be attached to the Concession Sublicense Agreement for the Additional Business which is attached as Exhibit "A" to this Amendment.
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- This Amendment, including the Concession Sublicense Agreement and its attached Concession Agreement attached as Exhibit "A" and any other exhibits to the Concession Sublicense Agreement, shall be attached to, incorporated in, and become and constitute a part of the Agreement. Capitalized terms used but not otherwise defined in this Amendment, shall have the meaning ascribed to them in the Agreement.
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- The Operator acknowledges and agrees to all of his/her obligations under the Agreement as if entered into, undertaken and otherwise made again this day (with this Amendment, including the Concession Sublicense Agreement and its attached Concession Agreement attached as Exhibit "A" and any other exhibits to the Concession Sublicense Agreement) and reaffirms the continuing existence and validity of the Agreement. Subject to its terms and conditions, the Agreement is in full force and effect as of the date of this Amendment, and shall remain in full force and effect.
IN WITNESS WHEREOF, Chick-fil-A, Inc. and the Operator, intending to be legally bound, have duly executed and delivered this Amendment as of the day and year first above written.
Source: Item 23 — Receipts (FDD pages 103–600)
What This Means (2025 FDD)
According to Chick Fil A's 2025 Franchise Disclosure Document, the Additional Business Amendment does apply to the Concession Sublicense Agreement. Specifically, for an Additional Business that is a Captive Venue Unit, the Concession Sublicense Agreement and its attached Concession Agreement are included as Exhibit "A" to the Additional Business Amendment. This amendment is then incorporated into the main Franchise Agreement.
This means that the terms and conditions outlined in the Additional Business Amendment directly affect the Operator's rights and obligations under the Concession Sublicense Agreement. The Operator is bound by and must adhere to Chick-fil-A's obligations, agreements, and duties as if they were the licensee or concessionaire under the Concession Agreement. Any changes or modifications in the Concession Agreement will also impact the Operator's responsibilities.
Furthermore, the Operator-Owner acknowledges and agrees to all obligations under the Agreement as if entered into again with the Amendment, including the Concession Sublicense Agreement and its attached Concession Agreement. The Operator-Owner is also personally bound by and liable for any breach of the terms and conditions of the Agreement, including the provisions in the Amendment and the Concession Sublicense Agreement. This ensures that all parties are aligned and accountable for fulfilling their respective duties and responsibilities.
Chick-fil-A will try to notify the Operator of any changes impacting the Site, but any delay or lack of notice will not affect the Operator's consent, agreement, waiver or release granted above, or the validity or enforceability of any amended or modified provision agreed to by Chick-fil-A and Concessionor from time to time.