Does Chicken Guy have the option to assume the lease from the Developer, and what conditions apply to this assumption?
Chicken_Guy Franchise · 2025 FDDAnswer from 2025 FDD Document
- (8) The landlord agrees to consent to Developer's collaterally assigning the lease to Chicken Guy or its designee, granting Chicken Guy the option, but not the obligation, to assume the lease from the date Chicken Guy takes possession of the leased premises, without payment of any assignment fee or similar charge or increase in any rentals payable to the landlord.
Source: Item 23 — RECEIPTS (FDD pages 50–286)
What This Means (2025 FDD)
According to Chicken Guy's 2025 Franchise Disclosure Document, the landlord agrees to consent to the Developer collaterally assigning the lease to Chicken Guy or its designee. This agreement grants Chicken Guy the option, but not the obligation, to assume the lease from the date Chicken Guy takes possession of the leased premises. This assumption can occur without payment of any assignment fee, similar charge, or increase in any rentals payable to the landlord.
This provision is beneficial for Chicken Guy as it provides flexibility in managing the real estate aspects of the franchise. If the Developer faces difficulties or exits the business, Chicken Guy has the option to step in and assume the lease, ensuring continuity of the restaurant's location. The absence of assignment fees or rental increases makes this option more financially attractive.
However, the document does not explicitly detail the conditions under which Chicken Guy might exercise this option, nor does it specify the process for doing so. A prospective franchisee should seek clarification from Chicken Guy regarding the specific circumstances that would trigger the assumption of the lease and the procedures involved.