Under what circumstances is a Bang Cookies franchisee NOT eligible for a renewal term?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
tisfaction, that: (a) Franchisee maintains and has secured the legal right to remain in possession of Franchisee's Shop Facility and Shop Location through the entire Renewal Term or; (b) Franchisee has selected a proposed new Shop Location within the Designated Territory that Franchisor, at Franchisor's sole discretion, has approved in writing and that may be timely developed by Franchisee, in accordance with Franchisor's standards and specifications, for the development and operation of the Franchisee's Shop throughout the duration of the Renewal Term;
- (4) Franchisee must update and/or agree to update the condition, appearance and functionality of Franchisee's Shop Facility and Franchisee's Shop Location and to otherwise modify Franchisee's Shop Facility and Franchisee's Shop Location in compliance with Franchisor's specifications and standards then applicable for new Bang Cookies Shops;
- (5) Franchisee pays the Renewal Fee and Franchisee agrees to, signs, and delivers to Franchisor, within 30 days of the date of delivery by Franchisor to Franchisee, Franchisor's then current form Shop Franchise Agreement for the Renewal Term (the "Renewal Franchise Agreement");
- (6) Franchisee's Owners and their Spouses, respectively, must agree to, sign, and deliver to Franchisor, within 30 days of the date of delivery by Franchisor to Franchisee, Franchisor's then current individual guaranty agreements, and, thereby, among other things, individually and jointly guarantee the full and complete performance of the Renewal Franchise Agreement including, but not limited to, payment obligations, non-compete obligations, and restrictive covenants (the "Renewal Ancillary Agreements");
- (7) Franchisee and the Owners must, prior to the Renewal Term, undertake and complete, to Franchisor's satisfaction, such additional training, if any, as designated and determined by Franchisor in Franchisor's Reasonable Business Judgment; and
- (8) Franchisee and the Owners must agree to, sign, and deliver to Franchisor, within 30 days of the date of delivery by Franchisor to Franchisee, Franchisor's then current form of general release whereby Franchisee and Franchisee's Owners shall each fully release and discharge Franchisor, Franchisor's affiliates and it's officers, directors, shareholders, partners, agents, representatives, independent contractors, servants, employees, successors and assigns from any and all claims, causes of action, and suits arising from and/or related to this Agreement. If local law precludes Franchisee's issuance of a general release, Franchisor at Franchisor's election, may condition renewal on Franchisee and each Owners delivery to Franchisor of an estoppel letter advising and informing Franchisor that the undersigned possesses no legal claim or cause of action against Franchisor and is not aware of any facts of circumstances involving any breach of this Agreement by Franchisor or Franchisor's agents or employees.
Failure by Franchisee, and, as applicable, each Owner and Spouse to timely comply with the foregoing conditions shall be deemed an election by Franchisee not to renew the franchise.
15.C. RENEWAL FRANCHISE AGREEMENT
Franchisee expressly acknowledges and agrees that the Renewal Franchise Agreement and Renewal Ancillary Agreements, as determined by Franchisor in Franchisor's sole discretion, may contain terms, conditions, requirements, and rights that are materially and substantively different from those granted and contained in this Agreement.
ARTICLE 16 DEFAULTS, TERMINATION AND REMEDIES
**16.A.
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies's 2024 Franchise Disclosure Document, there are several conditions that, if not met, can prevent a franchisee from being eligible for a renewal term. These include failing to update the condition, appearance, and functionality of the shop to meet current Bang Cookies standards. Franchisees must also pay the renewal fee and sign the current franchise agreement within 30 days of receiving it from Bang Cookies. Additionally, all owners and their spouses must sign and deliver individual guaranty agreements within the same 30-day timeframe, guaranteeing performance of the renewal franchise agreement. Franchisees and owners must also complete any additional training required by Bang Cookies to their satisfaction before the renewal term. Finally, franchisees and owners must sign and deliver a general release, discharging Bang Cookies from any claims related to the agreement within 30 days of delivery.
Furthermore, a Bang Cookies franchisee may not be eligible for renewal if they engage in activities that harm the brand's reputation, breach any ancillary agreements (such as the Franchise Owner and Spouse Agreement and Guaranty) without timely cure, are convicted of a felony, or engage in intentionally dishonest conduct that embarrasses Bang Cookies. Failure to complete the required training programs or to notify Bang Cookies of any known breach of the Confidentiality Agreement can also result in non-renewal.
These stipulations highlight the importance of maintaining brand standards, fulfilling financial and legal obligations, and upholding ethical conduct to ensure eligibility for franchise renewal with Bang Cookies. A prospective franchisee should carefully review these conditions and understand the implications of non-compliance.