What happens if a Bambu franchisee defaults on obligations to third parties?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
In connection with any amounts due and owing by Franchisee to third parties, Franchisee expressly acknowledges that a default by Franchisee with respect to such indebtedness may be considered a default hereunder and Bambu may avail itself of all remedies provided for herein in the event of default.
- f.
Other Agreements.
Franchisee shall comply with all agreements with third parties related to the Bambū shoppe including, in particular, all provisions of any premises lease or equipment lease.
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- The following subsection is added to Section 19.2:
- c. Failure to Pay Third Party Obligations. Franchisee fails to pay all taxes and other obligations owed to third parties related to the operation of the Bambū shoppe.
- 20.2 Payment of Third Party Obligations.
Bambu shall have no liability for Franchisee's obligations to pay any third parties, including without limitation, any product vendors, or any sales, use, service, occupation, excise, gross receipts, income, property or other tax levied upon Franchisee, Franchisee's property, the Bambū shoppe or upon Bambu in connection with the sales made or business conducted by Franchisee (except any taxes Bambu is required by law to collect from Franchisee with respect to purchases from Bambu).
- 20.3 Indemnification.
Franchisee shall indemnify, defend and hold harmless Bambu, its subsidiaries, parents and affiliates, and their respective shareholders, directors, officers, managers, members, employees, agents, successors and assignees (the "Indemnified Parties"), against, and to reimburse them for all claims, obligations and damages described in this Section 20.3, any and all third party obligations described in Section 20.2 and any and all claims and liabilities directly or indirectly arising out of the operation of the Bambū shoppe or arising out of the use of the Marks and Bambū system in any manner not in accordance with this Agreement, including without limitation any claims alleging violations of any laws including labor and employment laws.
Source: Item 23 — Receipts (FDD pages 52–209)
What This Means (2025 FDD)
According to Bambu's 2025 Franchise Disclosure Document, if a franchisee defaults on obligations to third parties, it can be considered a default under the Franchise Agreement. This means Bambu can exercise any of the remedies outlined in the agreement in the event of such a default.
Specifically, the FDD states that failure to pay all taxes and other obligations owed to third parties related to the operation of the Bambu shoppe constitutes a breach of the agreement.
Furthermore, Bambu has no liability for the franchisee's obligations to third parties, including product vendors or any taxes levied upon the franchisee. The franchisee is responsible for indemnifying Bambu against any third-party obligations and claims arising from the operation of the Bambu shoppe. This includes claims alleging violations of any laws, including labor and employment laws. The franchisee must comply with all agreements with third parties related to the Bambu shoppe, including all provisions of any premises lease or equipment lease.