What constitutes a non-curable breach of the Aunt Millies Bakeries Distributor Agreement?
Aunt_Millies_Bakeries Franchise · 2025 FDDAnswer from 2025 FDD Document
- §9.2 NON-CURABLE BREACH: If the breach by DISTRIBUTOR involves criminal activity, threatens public health or safety, constitutes an abandonment of any portion
the Sales Area, or threatens to do significant harm to AUNT MILLIE'S, its trademarks or commercial reputation, AUNT MILLIE'S may terminate this Agreement immediately upon written notice and DISTRIBUTOR shall have no right to cure.
Source: Item 23 — RECEIPT (FDD pages 44–196)
What This Means (2025 FDD)
According to the 2025 Aunt Millies Bakeries Franchise Disclosure Document, a non-curable breach of the Distributor Agreement allows Aunt Millies Bakeries to terminate the agreement immediately with written notice, and the distributor has no right to cure the breach.
Specifically, a non-curable breach occurs if the distributor engages in criminal activity, threatens public health or safety, abandons any portion of the sales area, or threatens to significantly harm Aunt Millies Bakeries, its trademarks, or its commercial reputation.
This means that if a distributor takes actions that fall into any of these categories, Aunt Millies Bakeries can terminate the agreement without giving the distributor an opportunity to correct the issue. This is a significant risk for franchisees, as it could lead to immediate termination of their franchise agreement and loss of their investment.