Who has the burden of proving that a default was properly and timely cured under the Anago franchise agreement?

According to Anago's 2025 Franchise Disclosure Document, the franchisee bears the burden of proving that they properly and timely cured any default, to the extent a cure is permitted under the franchise agreement. This means that if Anago alleges a franchisee has defaulted on the agreement, it is the franchisee's responsibility to demonstrate that they took the necessary steps to correct the issue within the allotted cure period.

This allocation of responsibility is significant for prospective Anago franchisees. It highlights the importance of maintaining thorough records and documentation of all actions taken to address any potential defaults. Franchisees should ensure they can provide clear and convincing evidence that they met all requirements for curing a default, should a dispute arise.

In the event of a dispute, Anago could terminate the franchise agreement if the franchisee fails to provide sufficient proof of timely and proper cure. Franchisees should be proactive in addressing any notices of default and meticulously document their efforts to rectify the situation to protect their investment and franchise rights.