Are there any exceptions to the automatic termination clauses in the Angry Chickz franchise agreement?
Angry_Chickz Franchise · 2025 FDDAnswer 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, there are specific conditions that may limit Angry Chickz's right to terminate the franchise agreement. Specifically, the automatic termination clause is subject to the applicable laws of the jurisdiction where the franchised business operates. This means that local laws could override or modify the conditions under which Angry Chickz can automatically terminate the agreement without notice.
Additionally, in situations other than those listed under automatic termination (Section 14.2) or termination without opportunity to cure (Section 14.3), Angry Chickz must provide the franchisee with a written notice of default and an opportunity to remedy the default. The franchisee typically has 30 days to cure the default, but only 5 days in the case of any default in the timely payment of sums due to Angry Chickz or its affiliates. If the franchisee cures the default within the specified time, the agreement will not be terminated.
However, if the default is not cured within the given timeframe or any extended period required by Applicable Law or specified by Angry Chickz in the notice, the franchise agreement will automatically terminate without further notice or opportunity to cure. It's also important to note that any notice of default provided by Angry Chickz does not prevent them from specifying additional defaults in any legal proceedings related to the agreement or its termination.