factual

If 'Other Agreements' are terminated due to a franchisee's default, can Bambu terminate the Bambu franchise agreement?

Bambu Franchise · 2025 FDD

Answer from 2025 FDD Document

  • 24.16 Cross-Default and Cross Termination Provisions.

  • a. A default by Franchisee under this Agreement will be deemed a default of all agreements between Franchisee and/or any company(ies) affiliated with Franchisee, on the one hand, and Bambu and/or any company(ies) affiliated with Bambu, on the other hand (the "Other Agreements"). A default by Franchisee and/or any company(ies) affiliated with Franchisee under any of the Other Agreements will be deemed a default under this Agreement. A default by any guarantor(s) of this Agreement or of any of the Other Agreements will be deemed a default of this Agreement.

  • b. If this Agreement is terminated as a result of a default by Franchisee, Bambu may, at its option, elect to terminate any or all of the Other Agreements. If any of the Other Agreements is terminated as a result of a default by Franchisee and/or any company(ies) affiliated with Franchisee, Bambu may, at its option, elect to terminate this Agreement. It is agreed that an incurable or uncured default under this Agreement or any of the Other Agreements will be grounds for termination of this Agreement and/or any and all of the Other Agreements without additional notice or opportunity to cure.

Source: Item 23 — Receipts (FDD pages 52–209)

What This Means (2025 FDD)

According to Bambu's 2025 Franchise Disclosure Document, a default by a franchisee under agreements other than the franchise agreement can lead to the termination of the Bambu franchise agreement. Specifically, if a franchisee or any affiliated company defaults under any 'Other Agreements' with Bambu or its affiliates, Bambu has the option to terminate the franchise agreement. This is known as a cross-default provision.

This cross-default provision means that franchisees must maintain compliance not only with their franchise agreement but also with any other agreements they or their affiliated companies have with Bambu. These 'Other Agreements' are not specifically defined in the provided excerpts but could include leases, financing agreements, or supply contracts. The termination of any of these agreements due to a franchisee's default gives Bambu the right to terminate the franchise agreement itself.

Bambu states that an incurable or uncured default under the franchise agreement or any of the 'Other Agreements' will be grounds for termination of the franchise agreement and/or any and all of the 'Other Agreements' without additional notice or opportunity to cure. This clause emphasizes the importance of adhering to all agreements with Bambu and suggests that any breach, if not promptly resolved, could have severe consequences, including the loss of the franchise. Prospective franchisees should carefully review all agreements and seek legal counsel to fully understand their obligations and the potential ramifications of a default.

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.