What happens if a Baya Bar franchisee has an unsatisfied final judgment for more than 30 days?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
| h. | "Cause" defined - non-curable | Sections 17.1 and | The Franchise Agreement will terminate |
|---|---|---|---|
| defaults | 17.2 | automatically, without notice for the | |
| following defaults: insolvency; bankruptcy; | |||
| written admission of inability to pay debts; | |||
| receivership; levy; composition with | |||
| creditors; unsatisfied final judgment for | |||
| more than 30 days; or foreclosure | |||
| proceeding that is not dismissed within 30 |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 43–52)
What This Means (2024 FDD)
According to Baya Bar's 2024 Franchise Disclosure Document, if a franchisee has an unsatisfied final judgment for more than 30 days, the Franchise Agreement will terminate automatically without notice. This is considered a non-curable default.
This means that Baya Bar franchisees must resolve any final judgments against them promptly. Failure to do so within 30 days will result in the immediate termination of their franchise agreement. The franchisee will not receive any prior notice from Baya Bar before the termination takes effect.
This type of clause is relatively standard in franchise agreements, as franchisors want to protect their brand and reputation. An unsatisfied judgment could indicate financial instability, which could negatively impact the Baya Bar brand. Prospective franchisees should be aware of this clause and ensure they have sufficient financial resources and business acumen to avoid such situations.