What is the franchisee obligated to do with the Chicken Guy restaurant between Chicken Guy's Purchase Notice and the Closing?
Chicken_Guy Franchise · 2025 FDDAnswer from 2025 FDD Document
From the date of Chicken Guy's Purchase Notice until Closing:
(1) Franchisee shall operate the Franchised Restaurant and maintain the Assets in the usual and ordinary course of business and maintain in full force all insurance policies required under this Agreement; and
(2) Chicken Guy shall have the right to appoint a manager, at Chicken Guy's expense, to control the day-to-day operations of the Franchised Restaurant, and Franchisee shall cooperate, and instruct its employees to cooperate, with the manager appointed by Chicken Guy.
Alternatively, Chicken Guy may require Franchisee to close the Franchised Restaurant during such time period without removing any Assets from the Franchised Restaurant.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Chicken Guy's 2025 Franchise Disclosure Document, after Chicken Guy issues a Purchase Notice but before the Closing, the franchisee has specific obligations regarding the operation and maintenance of the restaurant. The franchisee must continue to operate the Franchised Restaurant in the usual and ordinary course of business. This means maintaining normal business operations as if the sale were not pending. The franchisee is also required to keep all insurance policies in full force, ensuring that the restaurant remains adequately insured during this period.
Chicken Guy also has the right to appoint a manager, at Chicken Guy's expense, to oversee the day-to-day operations of the restaurant. In this case, the franchisee is obligated to cooperate fully with the appointed manager and instruct their employees to do the same. This could involve ceding some control over daily operations to the Chicken Guy-appointed manager. Alternatively, Chicken Guy may require the franchisee to close the Franchised Restaurant during this period, but without removing any assets from the location.
These stipulations ensure that the restaurant's value and operational integrity are maintained during the transition period. For a prospective franchisee, this means understanding that if Chicken Guy decides to repurchase the restaurant, the franchisee must continue operating the business or close it as directed, while also cooperating with any manager appointed by Chicken Guy. This also highlights the importance of maintaining adequate insurance coverage and understanding the potential for a change in management during this period.