Does the Bang Cookies Multi-Unit Development Agreement allow for termination by the franchisee under any circumstances?
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 does not provide an option for the franchisee to terminate the agreement. The document specifies that there is no provision allowing the franchisee to terminate the Multi-Unit Development Agreement.
However, Bang Cookies can terminate the agreement with cause under certain conditions. These conditions include abandoning obligations under the agreement, discontinuing development of shops within the Development Area for four consecutive months (or a shorter period indicating intent to discontinue), insolvency or bankruptcy, failure to meet development obligations under the Development Schedule, or termination of any individual Franchise Agreement related to a shop.
Bang Cookies can only terminate the Multi-Unit Development Agreement without cause if both parties mutually agree in writing to terminate the agreement. This means that unless the franchisee and franchisor both consent to ending the agreement, Bang Cookies cannot unilaterally terminate the agreement without a specified cause.