factual

Under what general condition can Angry Chickz terminate the franchise agreement?

Angry_Chickz Franchise · 2025 FDD

Answer from 2025 FDD Document

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; provided, however, on condition that the Franchised Business continues to be operated in conformity with this Agreement (a) upon prompt written request and upon the death or legal incapacity of a Franchisee who is an individual, Company shall allow up to 6 months after such death or legal incapacity for the heirs, personal representatives, or conservators (the "Heirs") of Franchisee either (i) assume this Agreement or at Company's discretion, execution Company's then current form of franchise agreement, if Company is subjectively satisfied that the Heirs meet the Standards, or (ii) if not so satisfied, to allow the Heirs to sell the Franchised Business to a person approved by Company, or (b) upon prompt written request and upon the death or legal incapacity of an Owner owning 20% or more of the Equity or voting power of a corporate or limited liability company Franchisee, or a general or limited partner owning 20% or more of any of the Partnership Rights of a Franchisee which is a Partnership, Company shall allow a period of up to 6 months after such death or legal incapacity for the Heirs to seek and obtain Company's consent to the transfer or Assignment of such stock, membership interests or Partnership Rights to the Heirs or to another person acceptable by Company. If, within said 6 month period, the Heirs fail either to enter into a new franchise agreement or to sell the Franchised Business to a person approved by Company pursuant to this Agreement, or fail either to receive Company's consent to the Assignment of such Equity to the Heirs or to another person acceptable by Company, as provided in this Agreement, this Agreement shall thereupon automatically terminate;

  • 14.3.3 Repeated Defaults. If Franchisee shall default in any one or more obligation(s) and Franchisee has previously received 2 or more written notices of default from Company within the preceding 12 months;

  • 14.3.4 Violation of Law. If Franchisee fails, for a period of 10 days after having received notification of noncompliance from Company or Governmental Authority, to comply with any Applicable Law;

  • 14.3.5 Criminal Offences. If Franchisee or any of its Owners, officers, directors, Operating Principal(s), or key employees is convicted of or pleads guilty or nolo contendere to a felony or any other crime or offense that is reasonably likely, in the sole opinion of Company, to adversely affect the Company's reputation, System, Marks or the goodwill associated therewith, or Company's interest therein;

    • 14.3.6 Unfair Competition. If there is any breach of ARTICLE 12;
  • 14.3.7 Sale of Unauthorized Products and Services. If Franchisee sells unauthorized products or services to the public and fails, for a period of 10 days after having received notification to cease such action;

  • 14.3.8 Under Reporting. If an audit or investigation conducted by Company hereof discloses that Franchisee has knowingly maintained false books or records, or submitted false reports to Company;

  • 14.3.9 Repeated Customer Complaints. Company and/or Franchisee receives repeated customer complaints regarding the Franchised Business that has, or Company reasonably believes may impair the Marks, goodwill associated with the Marks or Company's rights therein;

  • 14.3.10Failure to Complete Training. If the initial Operating Principal or Restaurant Leader selected by Franchisee to complete the Initial Training Program fails to successfully complete such program;

  • 14.3.11Intellectual Property Misuse. If Franchisee materially misuses or makes any unauthorized use of the Marks or otherwise materially impairs the goodwill associated therewith or Company's rights therein, or takes any action which reflects materially and unfavorably upon the operation and reputation of the Franchised Business, the System, or the Marks generally.

Source: Item 22 — CONTRACTS (FDD page 54)

What This Means (2025 FDD)

According to Angry Chickz's 2025 Franchise Disclosure Document, Angry Chickz has the option to terminate the franchise agreement without allowing the franchisee an opportunity to cure the default under specific circumstances. These circumstances include abandonment of the franchised business, making an assignment without prior written consent from Angry Chickz, or repeated defaults. Abandonment is defined as failing to operate the franchised business for five consecutive days. Repeated defaults occur if the franchisee defaults on any obligation and has received two or more written notices of default from Angry Chickz within the preceding 12 months.

Additionally, Angry Chickz can terminate the agreement automatically without notice if the franchisee is adjudicated bankrupt or insolvent, admits inability to meet financial obligations, or makes a disposition for the benefit of creditors. Automatic termination also occurs if a judgment against the franchisee exceeding $25,000 remains unsatisfied for over 30 days (unless an appeal bond has been filed), or if the franchised business or its assets are seized by a government official, creditor, or lienholder with a final unsatisfied judgment against the franchisee for 30 days (unless an appeal bond has been filed).

Further grounds for automatic termination include a levy of execution or attachment upon the license or assets that is not discharged within five days, the recordation of a mechanic's lien against the franchised business or equipment that is not released within 60 days, or any action to foreclose on the franchised business or equipment. Allowing a judgment to be entered against Angry Chickz or its affiliates due to the operation of the franchised business, or a condemnation or transfer in lieu of condemnation, also results in automatic termination. These termination rights are subject to applicable laws of the jurisdiction where the franchised business operates.

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.