factual

Under what conditions can 7 Brew terminate a Franchise Agreement with cause?

7_Brew Franchise · 2025 FDD

Answer from 2025 FDD Document

without cause. |

| Provision | Section in franchise or other agreement | Summary | |---|---|---| | f. Termination by franchisor with cause | 18.B of Franchise Agreement and 8 of DRR 4(b) of Manufacturing Agreement | We have the right to terminate your Franchise | | | | Agreement (and development rights) only if | | | | you or your owners commit one of several | | | | violations. | | | | While termination of the DRR does not | | | | impact any then-effective franchise | | | | agreements, termination of a franchise | | | | agreement entitles us to terminate the DRR. | | | | Manufacturer has the right to terminate the | | | | Manufacturing Agreement for cause. | | g. “Cause” defined  curable defaults | 18.B of Franchise Agreement and 8 of DRR 4(b) of Manufacturing Agreement | You have 5 days to cure Gross Sales | | | | reporting, payment (to us), and insurance | | | | defaults and defaults under any note, lease, or | | | | agreement relating to Store’s operation or | | | | ownership; 10 days to satisfy unpaid | | | | judgments of at least $25,000; 30 days to pay | | | | suppliers and to cure other defaults not listed | | | | in (h) below; and 60 days to vacate | | | | attachment, seizure, or levy of Storeor | | | | appointment of receiver, trustee, or liquidator. | | | | | | | | You must immediately begin correcting | | | | violations of material law and correct them | | | | within time the law specifies. | | | | | | | | If the Store is damaged to such an extent that | | | | you cannot operate at existing location, you | | | | must relocate the Store to a substitute site we | | | | accept and begin operating the Store at that | | | | substitute site within 12 months from the first | | | | date on which you could not operate the Store | | | | at its existing location. | | | | | | | | We have the right to terminate DRR if you do | | | | not meet development schedule and do not | | | | cure failure within 90 days after receiving | | | | notice from us. | | | | | | | | While termination of the DRR does not | | | | impact any then-effective franchise | | | | agreements, termination of a franchise | | | | agreement entitles us to terminate the DRR. | | | | | | | | Manufacturer has the right to terminate the | | | | Manufacturing Agreement if you fail to pay | | | | required purchase price and to cure the failure |

Provision Section in franchise or other agreement Summary
within 10 days after notice, if you commit
another default under the Manufacturing
Agreement and fail to cure that default within
30 days after notice, or if you are involved in
a bankruptcy-related event that is not
dismissed within 60 days,
h. “Cause” defined  non- 18.B of Franchise Non-curable defaults include: material
curable defaults Agreement and 8 of DRR
misrepresentation or omission; failure to
develop and open Store (with fully-trained
staff) by deadline; abandonment or failure to
operate for more than 7 consecutive days;
unapproved transfer; felony conviction or
guilty plea; dishonest, unethical, or immoral
conduct adversely impacting our Marks;
foreclosure on Store’s assets; misuse of
confidential information; violation of non-
compete; material underreporting of Gross
Sales; disabling Store’s computer system;
closing bank account from which we debit
funds without first setting up new account;
failure to pay taxes due; repeated defaults;

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 54–61)

What This Means (2025 FDD)

According to 7 Brew's 2025 Franchise Disclosure Document, 7 Brew has the right to terminate a Franchise Agreement if a franchisee commits certain violations as detailed in Section 18.B of the Franchise Agreement and Section 8 of the Development Rights Rider (DRR), as well as Section 4(b) of the Manufacturing Agreement. These violations fall into two categories: curable and non-curable defaults.

Curable defaults include issues such as failure to report Gross Sales, payment defaults to 7 Brew, insurance defaults, and defaults under any note, lease, or agreement relating to the Store’s operation or ownership. Franchisees have specific timeframes to correct these issues, such as 5 days to cure Gross Sales reporting, payment, and insurance defaults; 10 days to satisfy unpaid judgments of at least $25,000; 30 days to pay suppliers and cure other defaults not listed as non-curable; and 60 days to vacate any attachment, seizure, or levy of the Store. Additionally, franchisees must immediately begin correcting violations of material law and complete the correction within the time specified by law. If a store is damaged to the extent that it cannot operate at its current location, the franchisee must relocate and begin operating at a substitute site within 12 months.

Non-curable defaults, which allow for immediate termination, include material misrepresentation or omission, failure to open the Store by the deadline, abandonment or failure to operate for more than 7 consecutive days, unapproved transfer, felony conviction or guilty plea, dishonest conduct that adversely impacts 7 Brew's Marks, foreclosure on the Store’s assets, misuse of confidential information, violation of non-compete agreements, material underreporting of Gross Sales, disabling the Store’s computer system, closing the bank account from which 7 Brew debits funds without setting up a new account, failure to pay taxes, repeated defaults, assignment for the benefit of creditors, admission of inability to pay debts, violation of anti-terrorism laws, or causing or contributing to a data security incident or failure to comply with requirements to protect Consumer Data.

It is important to note that while termination of the DRR does not automatically terminate any existing franchise agreements, termination of a franchise agreement does entitle 7 Brew to terminate the DRR. Additionally, the Manufacturer has the right to terminate the Manufacturing Agreement for cause, such as failure to pay the required purchase price and to cure the failure within 10 days after notice, if the franchisee commits another default under the Manufacturing Agreement and fails to cure that default within 30 days after notice, or if the franchisee is involved in a bankruptcy-related event that is not dismissed within 60 days.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.