factual

What happens to the B Bops franchise agreement if the franchisee fails to cure a default?

B_Bops Franchise · 2025 FDD

Answer from 2025 FDD Document

9_Picture_0.jpeg)

after giving Franchisee written notice specifying any of the following events of default if such default has not been cured to the satisfaction of Company within the period specified below:

  • (1) Franchisee fails to pay when due any fee or other payment required to be made to Company or its affiliates under the provisions of this Agreement or under the provisions of any other agreement between the parties relating to the Franchise, and such default is not cured within ten (10) days of the date on which notice is given by Company; or
  • (2) Franchisee fails to perform or observe any covenant or obligation imposed by this Agreement to be observed or performed by Franchisee, and such default is not cured within thirty (30) days of the date on which notice is given by Company.
    1. LOSS OF PREMISES TERMINATION OR RELOCATION. Upon termination of the lease for the Franchise Premises (in the absence of a default thereunder by Franchisee), upon the taking by eminent domain of all or a material part of the Franchise Premises or upon failure to repair and reopen the Franchise Premises for business within six (6) months after the Franchise Premises has been damaged or destroyed by fire or other casualty, this Agreement and the Franchise granted hereunder shall automatically terminate; provided, however, that Company and Franchisee may agree on a new location reasonably suited for the Franchise, provided that such new location is constructed, equipped and fully operational within six (6) months of discontinuing operations on the Franchise Premises, all in accordance with the then current standards of Company at the time of relocation. If Company and Franchisee agree upon a new location for the Franchise, this Agreement will be amended to reflect the new location and will remain in effect for the remainder of the Term. Upon agreeing on a new location, Franchisee agrees to pay Company a relocation fee of One Thousand Dollars ($1,000) for its assistance in approving the new location.
    1. EVENTS UPON TERMINATION OR EXPIRATION. Upon termination of this Agreement, or upon expiration of the Term of this Agreement without renewal, Franchisee agrees as follows:
    • A. Franchisee shall no longer be entitled to operate a B-Bop's Restaurant on the Franchise Premises or at any other location, nor in any other manner at any location whatsoever utilize all or any portion of the Licensed System (including, but not limited to, the proprietary recipes) or any of the Licensed Marks, provided that termination or expiration of this Agreement shall not affect the right of Franchisee to operate any other B-Bop's Restaurant in accordance with the terms of a franchise agreement between the parties;
    • B. Franchisee shall cease to hold itself out to the public as being a B-Bop's Restaurant and shall avoid any other conduct which would suggest or indicate any relationship between Company and Franchisee, except to the extent permitted by paragraph A above;
    • C. Franchisee shall pay Company or its affiliates on demand all fees and

amounts then owing to Company or its affiliates under the terms of this Agreement and any other amounts owing to Company or its affiliates under any other agreement relating to the Franchise;

  • D. Franchisee shall immediately discontinue all use and display of the Licensed Marks and shall remove from the Franchise Premises any and all signs, emblems, fixtures, furniture, supplies, promotional materials, stationery, printed forms or other materials which display any of the Licensed Marks or feature any of the distinguishing characteristics of the Licensed System;
  • E. Franchisee shall, at its sole expense, immediately make such modifications to the exterior and interior of the Franchise Premises as Company shall reasonably request to effectively distinguish the Franchise Premises from its former appearance and from the appearance of any other B-Bop's Restaurant, including, without limitation, discontinuing use of the unique blue color scheme which is a distinguishing characteristic of the Licensed System. If Franchisee shall fail to make such modifications in a reasonable period of time, Company or its agents may enter the Franchise Premises, without liability for trespass or other tort or for damages to property of Franchisee, and make such modifications at Franchisee's expense and Franchisee shall reimburse Company on demand for any reasonable expenses incurred in effecting such modifications in accordance with the provisions of Section 26(B) hereof;
  • F. Franchisee shall immediately return to Company all confidential information provided to Franchisee during the Term hereof (including, but not limited to, the Operations Manual) and immediately cease any and all further use of such information for any purpose whatsoever;
  • G. Franchisee shall utilize the Franchise Premises only in a manner consistent with the covenant not to compete contained in Section 17 hereof and otherwise observe the provisions of such Section;
  • H.

Source: Item 22 — CONTRACTS (FDD page 53)

What This Means (2025 FDD)

According to the 2025 B Bops Franchise Disclosure Document, B Bops may terminate the franchise agreement if the franchisee fails to cure a default. If a franchisee fails to pay fees or other payments to B Bops or its affiliates and does not cure the default within ten days of receiving notice, B Bops may terminate the agreement. Additionally, if the franchisee fails to perform any obligation outlined in the agreement and does not correct the issue within thirty days after receiving notice, B Bops has grounds for termination.

B Bops can terminate the agreement without advance notice or an opportunity to cure under certain conditions. These conditions include assignment for the benefit of creditors, appointment of a receiver, bankruptcy proceedings, conviction of a felony, unauthorized use of licensed marks, breach of a lease, failure to pay fees on three or more occasions within twelve months, submission of a false financial report, or abandonment of the franchise. Abandonment includes failing to open the franchise for business for five consecutive days without prior written consent from B Bops.

Upon termination of the B Bops franchise agreement, the franchisee must cease operating as a B Bops restaurant and discontinue using the Licensed System and Marks. The franchisee must also modify the premises to distinguish it from a B Bops restaurant. The franchisee is still obligated to pay any outstanding amounts owed to B Bops and its affiliates.

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.