In the Chick Fil A lease agreement, what documents are included in the definition of 'Title Document'?
Chick_Fil_A Franchise · 2025 FDDAnswer from 2025 FDD Document
The Operator hereby acknowledges and agrees that, the Operator's use and enjoyment of the Site during the Term could be restricted or changed as a result of an amendment or modification to this Lease by Chick-fil-A (including, without limitation, an amendment or modification to any one or more of the Prime Lease, the Ground Lease, the Title Documents or the Rent Calculation Report) at any time during the Term, including under Section 3.4 below.
Such amendments or modifications could include, without limitation, changes to the Operator's ability or right to offer menu items, use or place signage, engage in promotions or marketing efforts, have or enjoy interior or exterior physical restaurant layouts, designs, access, driveways, parking or other premises features and matters.
The Operator consents and agrees to abide by, and specifically waives and releases any claim or demand the Operator has or may have under this Lease or otherwise arising out of or relating to, any such amendments or modifications to this Lease, the Prime Lease, the Ground Lease or the Title Documents (including, without limitation, with regard to any covenants or restrictions and any final, new or substituted Rent Calculation Report).
Chick-fil-A shall exercise commercially reasonable efforts to notify the Operator of any such amendment or modification impacting the Site and this Lease, but any delay or lack of such notice shall not affect the Operator's consent, agreement, waiver or release described above, or the validity or enforceability of any such amended or modified provision, as the same may be modified or amended by Chick-fil-A from time to time.
Source: Item 23 — Receipts (FDD pages 103–600)
What This Means (2025 FDD)
According to Chick Fil A's 2025 Franchise Disclosure Document, the definition of 'Title Documents' is referenced within the context of potential changes to the lease agreement. Specifically, the document states that the Operator's use and enjoyment of the Site during the Term could be restricted or changed as a result of an amendment or modification to this Lease by Chick-fil-A (including, without limitation, an amendment or modification to any one or more of the Prime Lease, the Ground Lease, the Title Documents or the Rent Calculation Report) at any time during the Term, including under Section 3.4 below.
This means that the 'Title Documents' are considered along with the Prime Lease, Ground Lease, and Rent Calculation Report as documents that Chick Fil A can modify, potentially affecting the franchisee's operation. These modifications could pertain to various aspects of the business, including menu items, signage, marketing efforts, restaurant layouts, access, driveways, parking, or other premises features.
The Operator consents and agrees to abide by, and specifically waives and releases any claim or demand the Operator has or may have under this Lease or otherwise arising out of or relating to, any such amendments or modifications to this Lease, the Prime Lease, the Ground Lease or the Title Documents (including, without limitation, with regard to any covenants or restrictions and any final, new or substituted Rent Calculation Report). Chick-fil-A shall exercise commercially reasonable efforts to notify the Operator of any such amendment or modification impacting the Site and this Lease, but any delay or lack of such notice shall not affect the Operator's consent, agreement, waiver or release described above, or the validity or enforceability of any such amended or modified provision, as the same may be modified or amended by Chick-fil-A from time to time.
Prospective Chick Fil A franchisees should be aware that Chick Fil A has the right to modify the Title Documents, Prime Lease, Ground Lease, and Rent Calculation Report, which could impact their business operations. While Chick Fil A is expected to notify the Operator of any such changes, a delay or lack of notice does not invalidate the changes. It is important for franchisees to understand the implications of these potential modifications and how they might affect their business.