Under the Azal Coffee Franchise Agreement, is the cancellation of a guaranty considered a curable default?
Azal_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
| Provision | Section in | Summary |
|---|---|---|
| Agreement | ||
| g. "Cause" defined— curable defaults | Section 15.4 of Franchise Agreement; Section J of Renewal Addendum; Section J of Transfer Addendum | Notice and cure period is 10 days for monetary defaults and 30 days for other defaults. Curable defaults include: failure to enter into a lease for the Franchise Location; unable to complete training; unable to obtain necessary permits; a substantial number of complaints from customers; health or safety hazards to customers; unable to pay debts; bankruptcy or receivership; fail to pay final judgment or allow execution against business; failure to operate in accordance with standards; fail to purchase from Designated or Approved Suppliers; disputes among owners that materially affect the business; other material breaches of Franchise Agreement; cancellation of a guaranty. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 42–47)
What This Means (2024 FDD)
According to Azal Coffee's 2024 Franchise Disclosure Document, the cancellation of a guaranty is considered a curable default under the terms of the Franchise Agreement. Specifically, Section 15.4 of the Franchise Agreement, along with Section J of both the Renewal and Transfer Addenda, define curable defaults.
If a franchisee commits a curable default, Azal Coffee provides an opportunity to remedy the situation. The cure period is 10 days for monetary defaults and 30 days for other defaults. This means that if a guaranty is canceled, the franchisee typically has 30 days to rectify the situation to avoid termination of the agreement.
Other examples of curable defaults include failing to enter into a lease for the franchise location, being unable to complete training or obtain necessary permits, a substantial number of customer complaints, health or safety hazards to customers, being unable to pay debts, bankruptcy or receivership, failing to pay a final judgment, failing to operate according to standards, failing to purchase from designated suppliers, and disputes among owners that materially affect the business. This is a fairly standard practice in franchising, as it gives franchisees a chance to correct issues before facing termination.