factual

Does the Angry Chickz franchise agreement require notice of termination for all default scenarios?

Angry_Chickz Franchise · 2025 FDD

Answer from 2025 FDD Document

er or assignment of an interest in Franchisee, or other change in ownership interests in Franchisee, and at any other time upon Company's request, said holders shall reexecute a written guaranty in a form prescribed by Company.

ARTICLE 14 DEFAULT AND TERMINATION

  • 14.1 General. Company shall have the right to terminate this Agreement only for "cause". "Cause" is hereby defined as a default of this Agreement. Company shall exercise its right to terminate this Agreement in the following circumstances and manners.

  • 14.2 Automatic Termination Without Notice. Subject to Applicable Laws of the jurisdiction in which the Franchised Business is operated to the contrary, Franchisee shall be deemed to be in default under this Agreement, and all rights granted herein shall at Company's election automatically terminate without notice to Franchisee if: (i) Franchisee shall be adjudicated bankrupt or judicially determined to be insolvent (subject to any contrary provisions of Applicable Law), shall admit to its inability to meet its financial obligations as they become due, or shall make a disposition for the benefit of its creditors; (ii) a judgment against Franchisee in the amount of more than $25,000 remains unsatisfied for a period of more than 30 days (unless an appeal bond has been filed); (iii) the Franchised Business, the Premises, or any of the Assets are seized, taken over or foreclosed by a government official in the exercise of its duties, or seized, taken over, or foreclosed by a creditor or lienholder provided that a final judgment against the Franchisee remains unsatisfied for 30 days (unless an appeal bond has been filed); (iv) a levy of execution or attachment has been made upon the license granted by this Agreement or upon any of the Assets, and it is not discharged within 5 days of such levy or attachment; (v) Franchisee permits any recordation of a notice of mechanics lien against the Franchised Business or any equipment at the Franchised Business which is not released within 60 days, or if any person commences any action to foreclose on the Franchised Business or said equipment; (vi) Franchisee allows or permits any judgment to be entered against Company or any of its Affiliates, arising out of or relating to the operation of the Franchised Business; or (vii) a condemnation or transfer in lieu of condemnation has occurred.

  • 14.3 Option to Terminate Without Opportunity to Cure. Franchisee shall be deemed to be in default and Company may, at its option, terminate this Agreement and all rights granted hereunder, without affording Franchisee any opportunity to cure the default, effective immediately upon notice by Company upon the occurrence of any of the following events:

    • 14.3.1 Abandonment. If Franchisee shall abandon the Franchised Business. For purposes of this Agreement, "abandon" shall refer to Franchisee's failure, at any time during the Term, to operate the Franchised Business for business for a period of 5 consecutive days.
  • 14.3.2 Assignment, Death or Incapacity. If Franchisee shall purport to make any Assignment without the prior written consent of Company;

Source: Item 22 — CONTRACTS (FDD page 54)

What This Means (2025 FDD)

According to the 2025 Angry Chickz Franchise Disclosure Document, the franchise agreement does not require notice of termination for all default scenarios. Specifically, Section 14.2 outlines conditions under which the agreement can be automatically terminated without notice. These conditions include scenarios such as the franchisee being adjudicated bankrupt or insolvent, having unsatisfied judgments against them exceeding $25,000 for more than 30 days, or facing seizure of the business assets.

In contrast, Section 14.3 details circumstances where Angry Chickz may terminate the agreement without providing an opportunity for the franchisee to cure the default, effective immediately upon notice. These situations include abandonment of the franchise. However, Section 14.4 states that for defaults not covered under Sections 14.2 or 14.3, the franchisee will receive a written notice of default and a period of 30 days (or 5 days for payment defaults) to remedy the situation.

Furthermore, Section 14.6 acknowledges that applicable laws may limit Angry Chickz's termination rights or require longer notice or cure periods, in which case the agreement is deemed amended to conform to these legal requirements. This means that while the franchise agreement itself specifies certain conditions for termination without notice, these conditions are subject to the overriding laws of the jurisdiction in which the franchise operates. Therefore, prospective Angry Chickz franchisees should be aware that the specific termination procedures may vary based on local regulations and should seek legal counsel to understand their rights and obligations fully.

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.