Can the term of the Bang Cookies Development Agreement be renewed or extended?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
MINNESOTA FRANCHISE AND DEVELOPMENT AGREEMENT AMENDMENT
Amendments to the Bang Cookies Franchise Agreement
In recognition of the requirements of the Minnesota Statutes, Chapter 80C. and Minnesota Franchise Rules, Chapter 2860, the parties to the attached Bang Cookies Franchise LLC Franchise Agreement (the "Franchise Agreement") and, if Franchisor and Franchisee both sign the Bang Cookies Franchise LLC Multi-Unit Development Agreement (the "Development Agreement"), as follows:
1.Article 14.C of the Franchise Agreement, under the heading "Conditions for Approval of Transfer," subarticle 14.C(6) is supplemented with the addition of the following language:
; provided, however, that all rights enjoyed by Franchisee and any causes of action arising in Franchisee's favor from the provisions of the Minnesota Franchise Act, Minn. Stat. Section 80C.14 et seq. and Minnesota Rules 2860.4400(D), shall remain in force; it being the intent of this provision that the non-waiver provisions of the Minnesota Rules 2860.4400(D) be satisfied; and
Minnesota law provides a franchisee with certain termination and non-renewal rights. Minn. Stat. Sect. 80C.14 Subdivisions 3, 4, and 5 require, except in certain specified cases, that franchisee be given 180 days-notice of nonrenewal of this Agreement by Franchisor.
- Article 15.B of the Franchise Agreement, under the heading "Conditions for Renewal," sub article 15.B(8) is supplemented with the addition of the following language:
; provided, however, that all rights enjoyed by Franchisee and any causes of action arising in Franchisee's favor from the provisions of the Minnesota Franchise Act, Minn. Stat. Section 80C.14 et seq. and Minnesota Rules 2860.4400(D), shall remain in force; it being the intent of this provision that the non-waiver provisions of the Minnesota Rules 2860.4400(D) be satisfied; and
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
The 2024 Franchise Disclosure Document for Bang Cookies does not explicitly state whether the term of the Development Agreement can be renewed or extended. However, the document does include amendments related to franchise agreement renewals in certain states.
Specifically, the Minnesota Franchise and Development Agreement Amendment references conditions for renewal within Article 15.B of the Franchise Agreement. Similarly, the New York Franchise and Development Agreement Amendment discusses supplementing subarticle 15.B(8) of the Franchise Agreement concerning conditions for renewal. The Maryland Franchise and Development Agreement Amendment also mentions conditions for renewal in Article 15.B of the Franchise Agreement.
While these amendments address franchise agreement renewals and highlight franchisee rights in the context of non-renewal, they do not directly address the renewal or extension of the Development Agreement itself. A prospective franchisee should clarify the terms and conditions for renewal or extension of the Development Agreement with Bang Cookies directly, as this information is not detailed in the provided excerpts.