What constitutes a material default under the Azal Coffee franchise agreement related to providing notices of certain events?

Based on the 2024 Azal Coffee Franchise Disclosure Document, the franchise agreement outlines specific requirements for providing notices, but it does not explicitly define a failure to provide these notices as an event of default that cannot be cured. However, the agreement does state that if a franchisee is in default of the agreement, they may not be able to renew their franchise agreement.

The Azal Coffee franchise agreement states that unless otherwise specified, all notices must be in writing, signed by the party serving the notice, and sent either by registered or certified mail with return receipt requested (in which case the notice is complete two days after mailing) or by overnight courier service (in which case the notice is complete one day after delivery to the courier). The notice must be sent to the addresses specified in the agreement or another address designated by the party.

While the FDD does not explicitly state that failure to provide notices constitutes an incurable default, it is important to adhere to the outlined notification procedures. A prospective Azal Coffee franchisee should seek clarification from the franchisor regarding the specific consequences of failing to provide required notices and whether such failures could lead to termination of the franchise agreement.