Under what conditions can a B Bops franchisee terminate the franchise agreement?
B_Bops Franchise · 2025 FDDAnswer from 2025 FDD Document
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- TERM. The term of this Agreement and of the nonexclusive right, license and franchise granted hereunder shall commence upon the effective date of this Agreement and shall continue until the fifteenth (15th) anniversary thereof, or until the termination of this Agreement in accordance with the provisions hereof, whichever shall first occur (hereinafter the "Term"). Franchisee agrees to operate the Franchise on a continual basis throughout the Term, subject to the terms and conditions of this Agreement. Any renewal of the Franchise shall be governed by Section 18 of this Agreement.
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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;
- B.
That for a period of two (2) years immediately following the termination or expiration of this Agreement, Franchisee, its directors, officers, shareholders, partners, members, employees and agents will not, directly or indirectly, enter into or engage in any business as a director, officer, shareholder, proprietor, partner, consultant, employee or in any other position or capacity, which business is engaged in a business the same as or substantially similar to that of a B-Bop's Restaurant within: (i) a twenty (20) mile radius of the Franchise Premises; or (ii) a twenty (20) mile radius of any other B-Bop's Restaurant then in operation or under development (except for any other B-Bop's Restaurant owned and operated by Franchisee pursuant to a franchise agreement with Company);
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2025 FDD)
Based on the 2025 B Bops Franchise Disclosure Document, the franchise agreement extends for a term of 15 years, but it can be terminated earlier according to its provisions. The FDD does not explicitly detail the conditions under which a B Bops franchisee can terminate the franchise agreement. However, it does state that the agreement can be terminated in accordance with its provisions.
Item 22 of the FDD discusses events upon termination or expiration, outlining the franchisee's obligations, such as ceasing operation of the B Bop's Restaurant, discontinuing use of licensed marks, and paying outstanding amounts. It also mentions a covenant not to compete, restricting the franchisee from engaging in a similar business within a specified radius for a certain period after termination or expiration.
To fully understand the conditions under which a franchisee can terminate the B Bops franchise agreement, a prospective franchisee should carefully review the specific termination clauses within the franchise agreement (referenced in Item 22) and seek clarification from B Bops regarding termination rights, conditions, and any associated penalties or obligations.