Under what conditions can Alloy terminate the Franchise Agreement if the Franchised Business is not opened on time?
Alloy Franchise · 2025 FDDAnswer from 2025 FDD Document
Your Facility must be opened for business not later than six months after you sign a lease or 12 months after you sign the Franchise Agreement, whichever occurs first. If you are unable to open your Franchised Business within the required time period, we may terminate the Franchise Agreement upon 30 days' prior written notice to you, unless the Facility shall open for business according to the terms of the Franchise Agreement within this 30 day period. You may not open your Facility for business until we have approved it as being ready to open.
You may not open your Facility for business until: (1) you have complied with all requirements regarding site selection and construction of the Facility; (2) we determine that your Facility has been constructed, decorated, furnished, equipped and stocked with equipment, materials and supplies in accordance with plans and specifications we have approved; (3) the initial training program we provided has been completed to our satisfaction by all required persons; (4) the initial franchise fee and all other amounts due to us have been paid; (5) you have furnished us with all certificates of insurance required by the Franchise Agreement; (6) you have obtained all required governmental permits, licenses and authorizations necessary for the operation of your Franchised Business; (7) you are in full compliance with all the terms of the Franchise Agreement; and (8) you have permission to open from us. We reserve the right to require you to have 75 members who have joined during the pre-sale marketing campaign, including a signed monthly membership agreement and a credit card on file.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 31–42)
What This Means (2025 FDD)
According to Alloy's 2025 Franchise Disclosure Document, Alloy can terminate the Franchise Agreement if the franchisee fails to open their Franchised Business within a specified timeframe. The franchisee must open for business no later than six months after signing a lease or 12 months after signing the Franchise Agreement, whichever comes first.
If the franchisee is unable to meet this deadline, Alloy may terminate the Franchise Agreement. Alloy must provide the franchisee with 30 days' prior written notice of termination. However, if the franchisee manages to open the Facility for business according to the terms of the Franchise Agreement within that 30-day notice period, Alloy will not terminate the agreement.
It is important to note that Alloy must also approve the Facility as being ready to open before the franchisee can commence business. This approval is contingent upon the franchisee meeting all requirements related to site selection, construction, furnishing, equipment, training, insurance, permits, and compliance with the Franchise Agreement terms. Alloy also reserves the right to require the franchisee to have 75 members who have joined during the pre-sale marketing campaign, including a signed monthly membership agreement and a credit card on file.