If a Bang Cookies franchisee abandons their obligations under the Multi-Unit Development Agreement, can the agreement be terminated?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
| Provision | Sections in Multi-Unit Development Agreement | Summary | |
|---|---|---|---|
| a. | Length of the franchise term | 3 | Varies depending on the number of Shops to be developed and the Development Area. The agreement commences on the effective date and the term automatically expires at the earlier of the opening of the final Shop required for development, or the last day of the calendar month in which the final Shop was required to be open under the Multi-Unit Development Agreement. |
| b. | Renewal or extension of the | Not | There is no renewal of the Multi-Unit Development |
| term | applicable | Agreement. | |
| c. | Requirements for franchisee to renew or extend | Not applicable | There is no renewal of the Multi-Unit Development Agreement. |
| d. | Termination by franchisee | Not applicable | There is no option for your termination of the Multi-Unit Development Agreement. |
| e. | Termination by franchisor | Not | We can terminate without cause only if you and we mutually |
| without cause | applicable | agree, in writing, to terminate. | |
| f. | Termination by franchisor with "cause" | 3.2 | We may terminate your Multi-Unit Development Agreement with cause. Your Multi-Unit Development Agreement can be terminated by us if: (a) you abandon your obligations under the Multi-Unit Development Agreement; (b) if you for four consecutive months, or any shorter period that indicates an intent by you to discontinue your development of Shops within the Development Area; (c) if you become insolvent or you are adjudicated bankrupt, or if any action is taken by you, or by others against you, under any insolvency, bankruptcy or reorganization act, or if you make an assignment for the benefit or creditors or a receiver is appointed by you; (d) if you fail to meet your development obligations under the Development Schedule for any single Development Period including, but not limited to, your failure to establish, open and/or maintain the cumulative number of Shops in accordance with Development Schedule; and/or (e) in the event that any one Franchise Agreement is terminated respecting any Shop and/or any other Franchise Agreement |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 42–49)
What This Means (2024 FDD)
According to Bang Cookies's 2024 Franchise Disclosure Document, the Multi-Unit Development Agreement can be terminated by Bang Cookies with cause if the franchisee abandons their obligations under the agreement. This means that if a franchisee fails to fulfill the duties and responsibilities outlined in the Multi-Unit Development Agreement, Bang Cookies has the right to terminate the agreement.
Abandoning obligations could include failing to meet development schedules, discontinuing development of shops, or any other significant breach of the agreement's terms. This provision protects Bang Cookies by allowing them to end the relationship with a franchisee who is not actively developing the agreed-upon number of locations.
This termination clause is a standard inclusion in franchise agreements, ensuring that both parties adhere to their commitments. For a prospective Bang Cookies franchisee, it highlights the importance of understanding and fulfilling all obligations outlined in the Multi-Unit Development Agreement to avoid potential termination.