factual

What constitutes an 'Event of Default' under the Anago Unit Franchise Agreement?

Anago Franchise · 2025 FDD

Answer from 2025 FDD Document

of Your real or personal property used in the Anago Unit Franchise is sold after levy by any sheriff, marshal or constable.

  • (b) You will notify Us within 3 days of the occurrence of any of the events described in Subsection 11.2(a).
  • (c) If at any time the Subfranchise Rights Agreement is terminated, this Agreement will also terminate; provided, however, that AFI may in its sole discretion, and upon notice to you, assume Our rights and obligations under this Agreement.

SECTION 11.3 TERMINATION BY US - AFTER NOTICE.

If You are in default We may, at Our option, terminate all rights granted to You under this Agreement, without affording You an opportunity to cure the default, effective immediately upon notice to You, upon the occurrence of any of the following Events of Default:

  • (a) If You cease to perform contracted service to the Accounts for more than 3 consecutive days without Our consent;
  • (b) If You fail or refuse to comply with any mandatory specification, standard or operating procedure We require in this Agreement, in the Manual or otherwise in writing, on the cleanliness or sanitation of the Anago Unit Franchise;
  • (c) If You, or Your officer, director, owner or managerial employee is convicted of a felony, a crime of moral turpitude or any other crime or offense that We reasonably believe is likely to have a material adverse effect on the System, the Proprietary Property, the goodwill associated with the Proprietary Property, or Our interest in any of the Proprietary Property, unless You immediately and legally terminate the individual as an officer, director, owner and employee;
  • (d) If You deny Us the right to inspect the Anago Unit Franchise or to audit the Records of the Anago Unit Franchise;
  • (e) If You engage in conduct that is harmful to or reflects unfavorably on You or the System in that the conduct exhibits a reckless disregard for the physical or mental well-being of employees, Clients, Our representatives or the public at large, including battery, assault, sexual harassment or discrimination, racial harassment or discrimination, alcohol or drug abuse or other forms of threatening, outrageous or unacceptable behavior as determined in Our sole discretion;
  • (f) If You, contrary to this Agreement, purport to encumber or transfer any rights or obligations under this Agreement (including transfers of any interest in You), without Our written consent;
  • (g) If any breach occurs under Sections 6.2 or 13.1 concerning confidentiality and noncompetition covenants;
  • (h) If You knowingly maintain false Records, or knowingly submit any false Records to Us;
  • (i) If You misuse or make any unauthorized use of the Proprietary Property or otherwise materially impair the goodwill associated with the Proprietary Property or Our rights in the Proprietary Property;
  • (j) If You receive from Us 3 or more Notices of Default for the same or similar defaults during any 12 consecutive months, even if all defaults were cured;
  • (k) If You lose or voluntarily cease service to all Anago contracts You have agreed to service, and subsequently fail to complete corrective measures classes with 90 days of notice to

attend corrective measures classes;

  • (l) If You stop service to contracts assigned to You and decline all subsequent offers of contracts by Anago for a period of 360 days after the last date of service to an Anago Client ; or
  • (m) If Anago is unable to contact You because You have vacated Your premises and failed to inform the local Anago office pursuant to Section 8.4 of this Agreement.

SECTION 11.4 TERMINATION BY US - AFTER NOTICE AND RIGHT TO CURE.

If You are in default We may, at Our option, terminate all rights granted to You under this Agreement effective upon delivery of notice to you, following an opportunity to cure the default, as follows: (a) if a serious or imminent threat or danger to public health or safety results from the construction, maintenance or operation of the Anago Unit Franchise and the threat or danger remains uncorrected for 5 days after Your receipt of written notice from Us or a governmental authority.

Source: Item 23 — RECEIPTS (FDD pages 62–298)

What This Means (2025 FDD)

According to Anago's 2025 Franchise Disclosure Document, several actions or failures can trigger an 'Event of Default' under the Unit Franchise Agreement, which could lead to the termination of the agreement. Anago may terminate the agreement without allowing an opportunity to cure the default.

Specifically, an Event of Default occurs if a franchisee ceases performing contracted services for more than 3 consecutive days without Anago's consent, fails to comply with cleanliness or sanitation standards, or if the franchisee, or their officer, director, owner, or managerial employee is convicted of a felony or a crime that could negatively impact the Anago system. Other defaults include denying Anago the right to inspect the franchise or audit records, engaging in harmful conduct, or improperly transferring rights or obligations under the agreement. Breaching confidentiality or noncompetition covenants, knowingly maintaining false records, misusing proprietary property, or receiving three or more default notices within 12 months also constitute Events of Default.

Additionally, the agreement automatically terminates without notice if the franchisee violates environmental laws, becomes insolvent, files for bankruptcy (or has a petition filed against them that is not dismissed within 45 days), is adjudicated bankrupt, has a receiver appointed for their business, begins proceedings for composition with creditors, has a final judgment exceeding $5,000 unsatisfied for 30 days, or has an execution levied against their operation or property.

These terms highlight the importance of adhering to Anago's standards and legal requirements to maintain the franchise agreement. A prospective franchisee should carefully review these conditions and seek clarification on any points of concern before signing the agreement.

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.