Is a Fat Shack franchisee required to execute additional documents with FSI from time to time?
Fat_Shack Franchise · 2025 FDDAnswer from 2025 FDD Document
chise is granted;
- b. FSI and Franchisee agree that the terms and conditions of this right and option to purchase may be recorded, if deemed appropriate by FSI, in the real property records and FSI and Franchisee further agree to execute such additional documentation as may be necessary and appropriate to effectuate such recording;
- c. The closing for the purchase of the FAT SHACK Restaurant will take place no later than 60 days after written notice of FSI's exercise of its option is given to Franchisee. FSI has the unrestricted right to assign this option to purchase at any time prior to such closing. FSI will pay the purchase price in full at the closing, or, at its option, in 24 equal consecutive monthly installments with interest at a rate equal to the prime lending rate as of the closing at FSI's primary bank. Franchisee must sign all documents of transfer as are necessary for purchase of the FAT SHACK Restaurant by FSI, which documents shall include all customary representations and warranties from Franchisee as to ownership, condition of and title to, the assets of the FAT SHACK Restaurant being transferred. All assets must be transferred free and clear of all liens and encumbrances, with all sales and transfer taxes paid by Franchisee. Franchisee and its owners further agree to sign general releases, in a form satisfactory to FSI, of any and all claims against FSI and its shareholders, member, managers, officers, directors, employees, agents, successors, and assigns; and
- d. Franchisee agrees that it shall be obligated to operate the FAT SHACK Restaurant, according to the terms of this Agreement, during the period in which FSI is deciding whether to exercise its option to purchase and until the closing takes place, and that a condition to closing is that the FAT SHACK Restaurant has remained open during that time period. FSI may decide not to exercise its option to purchase at any time before closing if it determines that any of the conditions noted above have not been or cannot be satisfied.
In the event that FSI does not exercise its right to purchase Franchisee's FAT SHACK Restaurant as set forth above, Franchisee will be free to keep or to sell, after such termination or expiration, to any third party, all of the physical assets of the FAT SHACK Restaurant; provided, however, that all Marks are first removed in a manner approved in writing by FSI.
19.7. FSI's Right to Suspend Services on Franchisee's Default
If FSI has provided Franchisee with a notice of any default pursuant to this Article 19, in addition to FSI's other remedies, FSI reserves the right, on behalf of itself and the FSI Affiliates, to suspend any services to be provided by FSI or any FSI Affiliate or the sales of any products to Franchisee by FSI or any FSI Affiliate until such time as Franchisee cures the default. The services that may be suspended include but are not limited to any services related to advertising or promotion of Franchisee's FAT SHACK Restaurant such as the listing of Franchisee's FAT SHACK Restaurant on any website. The suspension may continue until Franchisee has cured each default identified in the default notice from FSI and Franchisee is deemed to be in good standing. Franchisee is not relieved of any obligation to pay any fees during the term of any suspension. The rights afforded FSI in this Section 19.7 are in addition to any other rights of FSI upon a default by Franchisee.
19.8. Obligations of Franchisee Upon Termination or Expiration
Franchisee is obligated upon termination or expiration of this Agreement to immediately do all of the following:
- a. Pay all Royalties, Marketing and Promotion Fees, Noncompliance Service Charges, and other amounts then owed FSI or any of its affiliates pursuant to this Agreement, or otherwise.
- b. Cease to identify itself as a FAT SHACK franchisee or use any Marks, trade secrets, signs, symbols, devices, trade names, or other materials of FSI.
- c. Cease to identify the Restaurant Location as being, or having been, associated with FSI, and immediately cease operating any business at the Restaurant Location.
- d.
Source: Item 23 — Receipts (FDD pages 53–223)
What This Means (2025 FDD)
According to Fat Shack's 2025 Franchise Disclosure Document, franchisees may be required to execute additional documents under certain circumstances. Specifically, if Fat Shack Inc. (FSI) exercises its option to purchase the franchisee's Fat Shack Restaurant, the franchisee must sign all documents necessary for the transfer of ownership. These documents include customary representations and warranties regarding ownership, condition, and title to the restaurant's assets. Additionally, the franchisee and its owners must sign general releases, in a form satisfactory to FSI, releasing any claims against FSI and its affiliates.
Furthermore, if the franchisee is a business entity (corporation, partnership, LLC, etc.), the owners, directors, officers, and managers must execute a Guaranty and Assumption of Franchisee's Obligations, guaranteeing the franchisee's obligations to FSI. This guaranty must be executed when the entity acquires the franchise rights, upon any changes in ownership or management, and at any other time requested by FSI. This ensures that individuals associated with the franchisee entity are personally liable for the franchise's performance.
Finally, franchisees may also be required to sign a Subsequent Franchise Agreement for each additional Fat Shack Restaurant they develop. These agreements may contain different terms than the initial agreement, and franchisees acknowledge that FSI has the right to charge then-current rates for products, royalties, advertising contributions, and other fees. These provisions highlight the ongoing obligations and potential changes franchisees may encounter during their relationship with Fat Shack.