If a jurisdiction requires a greater notice period for termination or non-renewal than specified in the Anago franchise agreement, what notice period applies?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
If any default is not cured within the applicable cure period, or any longer time as applicable law requires, all Your rights under this Agreement terminate without additional notice to You effective immediately upon the expiration of the applicable cure period or any longer time as applicable law requires. In addition to the Events of Default specified in Sections 11.2, 11.3 and 11.4, an Event of Default occurs if You fail to comply with any of the requirements imposed by this Agreement, as it may be revised or supplemented by the Manual, or to carry out this Agreement in good faith. You have the burden of proving You properly and timely cured any default, to the extent a cure is permitted under this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, if any default is not resolved within the standard cure period outlined in the agreement, the resolution period will be extended to meet the minimum requirements of applicable law. This means that if a state or local law mandates a longer cure period than what Anago typically provides, the franchisee will be granted the extended period to rectify the default.
This provision ensures that Anago franchisees are protected by the legal requirements of their specific jurisdiction, particularly concerning the termination of their franchise agreement. It acknowledges that franchise laws vary by location and aims to comply with those regulations, specifically regarding the amount of time a franchisee has to correct a default before Anago can terminate the agreement.
For a prospective Anago franchisee, this clause offers a degree of security, knowing that the termination process will adhere to local laws that may provide more protection than the standard agreement. However, the franchisee still bears the responsibility of proving that they have properly and promptly addressed the default within the legally mandated timeframe.