factual

What happens if Afuri Ramen Dumpling cures any breach by me under the lease or sublease?

Afuri_Ramen_Dumpling Franchise · 2024 FDD

Answer from 2024 FDD Document

Landlord will give written notice to Franchisor (concurrently with the giving of notice to Tenant) of any breach by Tenant under the Lease Agreement. Franchisor will have the right (but not obligation), in Franchisor's sole discretion, to cure any breach at Tenant's expense within 15 business days after the expiration of the period in which Tenant had to cure the default. Notice will be sent to the following address, or to the address Franchisor may, from time to time, specify in writing to Landlord:

AFURI FRANCHISE INC.

923 SE 7th Ave.

Portland, Oregon 97201

Source: Item 23 — Receipts (FDD pages 50–189)

What This Means (2024 FDD)

According to the 2024 Afuri Ramen Dumpling Franchise Disclosure Document, if a franchisee breaches their lease agreement, the landlord is required to provide written notice to Afuri Ramen Dumpling concurrently with the notice given to the franchisee. Afuri Ramen Dumpling then has the right, but not the obligation, to cure the breach at the franchisee's expense. This cure must occur within 15 business days after the expiration of the period the franchisee had to cure the default.

This clause is included to protect Afuri Ramen Dumpling's interest in maintaining consistent operations and brand standards across all franchise locations. By having the option to cure a franchisee's lease default, Afuri Ramen Dumpling can prevent disruptions to the business and potential damage to its reputation that could arise from a location closure.

However, the FDD does not specify what happens after Afuri Ramen Dumpling cures the breach. It is important to note that Afuri Ramen Dumpling is not obligated to cure any breach, and the franchisee remains responsible for all costs associated with the cure. A prospective franchisee should seek clarification from Afuri Ramen Dumpling regarding the specific terms and conditions that would apply if they cure a breach, including whether the franchisee would be required to reimburse Afuri Ramen Dumpling immediately or if a payment plan could be arranged.

Disclaimer: This information is extracted from the 2024 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.