factual

When does the termination of the Alloy Franchise Agreement become effective after written notice is issued?

Alloy Franchise · 2025 FDD

Answer from 2025 FDD Document

  • B. Termination by Us. We have the right to terminate this Agreement in accordance with the following provisions:
      1. Termination After Opportunity to Cure. Except as otherwise provided in this subparagraph 13.B or elsewhere in the Agreement: (i) you will have 30 days from the date of our issuance of a written notice of default to cure any default under this Agreement, other than a failure to pay amounts due or submit required reports, in which case you will have 10 days to cure those defaults; (ii) your failure to cure a default within the 30-day or 10-day period will provide us with good cause to terminate this Agreement; (iii) the termination will be accomplished by mailing or delivering to you written notice of termination that will identify the grounds for the termination; and (iv) the termination will be effective immediately upon our issuance of the written notice of termination.
      1. Immediate Termination With No Opportunity to Cure. In the event any of the following defaults occurs, you will have no right or opportunity to cure the default and this Agreement will terminate effective immediately on our issuance of written notice of termination:
      • i. any material misrepresentation or omission in your franchise application;
    • ii. your voluntary abandonment of this Agreement or the Facility which shall include, but not be limited to, your Facility being closed for a period of five consecutive days without our prior written consent;
    • iii. the loss of your lease, the failure to timely cure a default under the lease, the loss of your right of possession or failure to reopen or relocate under subparagraph 5.D;
    • iv. the closing of the Facility by any state or local authorities for health or public safety reasons;
    • v. failure to locate a site for your Facility within 180 days after signing this Agreement or your failure to open the Facility within 365 days after signing this Agreement;
      • vi. any unauthorized use of the Confidential Information;
      • vii. failure to maintain required insurance as required in subparagraph 10.C;
    • viii. insolvency of you, an Owner, or guarantor, you, an Owner, or guarantor making an assignment or entering into any similar arrangement for the benefit of creditors;
    • ix. any default under this Agreement that materially impairs the goodwill associated with any of the Trademarks;

Source: Item 23 — RECEIPTS (FDD pages 69–245)

What This Means (2025 FDD)

According to Alloy's 2025 Franchise Disclosure Document, the termination of the Franchise Agreement's effectiveness depends on the reason for termination. In most cases where Alloy terminates the agreement due to a franchisee default, the franchisee has a period to cure the default after receiving written notice. If the franchisee fails to cure the default within either 30 days (for most defaults) or 10 days (for failure to pay or submit reports), Alloy can then issue a written notice of termination. In these 'cure' scenarios, the termination becomes effective immediately upon Alloy's issuance of the written notice of termination.

However, there are specific instances where Alloy can terminate the agreement immediately without providing an opportunity to cure the default. These instances include, but are not limited to, material misrepresentations in the franchise application, abandonment of the franchise, loss of the lease, unauthorized use of confidential information, failure to maintain required insurance, or insolvency. In these cases, the termination is effective immediately upon Alloy's issuance of written notice of termination.

For a prospective Alloy franchisee, this means understanding the specific conditions under which the agreement can be terminated and the implications of each. It is crucial to be aware of the cure periods for different types of defaults and the situations that allow for immediate termination. Paying close attention to compliance with the agreement terms, maintaining open communication with Alloy, and seeking legal counsel when necessary can help a franchisee avoid potential termination scenarios.

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.