What is the cure period Amorino has to remedy a breach after receiving written notice from the franchisee?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
- G. Termination by Franchisee. Without Franchisor's written consent, Franchisee may not terminate this Agreement prior to the expiration of the term, except through legal process resulting from Franchisor's breach of this Agreement which breach results in a material adverse effect on Franchisee, and only under the following conditions: If (i) Franchisee is not currently in material breach of this Agreement or any other agreement between Franchisor and Franchisee and (ii) Franchisor materially breaches this Agreement and fails to cure such breach within one hundred and twenty (120) days (or such other reasonable time if additional time is required to cure such breach) after written notice of such breach, specifically enumerating all alleged deficiencies, is delivered to Franchisor by Franchisee, Franchisee may terminate this Agreement. Such termination shall be effective thirty (30) days after delivery to Franchisor of notice that such material breach has not been cured and Franchisee elects to terminate this Agreement.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, a franchisee must provide Amorino with written notice of a material breach, specifically detailing all alleged deficiencies. Amorino then has one hundred and twenty (120) days to cure the breach. However, if curing the breach reasonably requires additional time, Amorino is granted such reasonable additional time to complete the cure.
If Amorino fails to cure the breach within the initial 120-day period (or the extended reasonable time), the franchisee can terminate the agreement by delivering a notice to Amorino. This termination becomes effective thirty (30) days after Amorino receives the notice, provided the franchisee is not in material breach of the agreement and that the breach by Amorino has a material adverse effect on the franchisee.
This clause provides a structured process for addressing breaches, allowing Amorino an opportunity to rectify issues while also giving the franchisee a defined path to terminate the agreement if the breaches are not adequately resolved. This is a fairly standard clause in franchise agreements, intended to balance the interests of both parties.