What sections of the Franchise Agreement cover termination by Beef O Bradys with cause?
Beef_O_Bradys Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Franchise Agreement ("FA") | Section in Area Development Agreement ("ADA") | Summary |
|---|---|---|---|
| which can be cured | shut down of your Family Sports Pub in the event we deem the violation to be a health threat to anyone, 10 days to cure monetary defaults to us or approved suppliers, 10 days to cure noncompliance with any provision other than Section 16.2 of the FA, 30 days to cure noncompliance with System Standards, 3 days to cure breaches of the required inventory, 3 days to cure breaches in advertising standards, 15 days to maintain Family Sports Pub in good clean and sound manner. Under the "Cross Default" provisions of the FA, any default or breach by you of your FA will also be deemed a default or breach of your ADA. If the nature of the default/breach under the FA would have permitted us to terminate the ADA if it happened under the ADA, then we may terminate the ADA. | ||
| ADA: You have 10 days to cure | |||
| monetary defaults; 30 days to have | |||
| vacated an attachment, seizure, writ, | |||
| warrant or levy of any Family Sports | |||
| Pub or any order appoint a receiver, | |||
| trustee or liquidator of you or any | |||
| Family Sports Pub; and 10 days to | |||
| cure noncompliance with provision | |||
| of the FA. Under the "Cross | |||
| Default" | |||
| provisions of the ADA, any | |||
| default or breach by you of your | |||
| ADA will also be deemed a default | |||
| or breach of your FA. If the nature of | |||
| the default/breach under the ADA | |||
| would have permitted us to terminate | |||
| the FA if it happened under the FA, | |||
| then we may terminate the FA. | |||
| h. "Cause" defined – non curable defaults | Sections 16.2 and 16.4 | Section 9 | FA: Non-curable defaults include material misrepresentation or omission, failure to complete training, failure to comply with management requirements, failure to |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION. (FDD pages 46–54)
What This Means (2025 FDD)
According to the 2025 Beef O Bradys Franchise Disclosure Document, Section 16.2 and 16.4 of the Franchise Agreement define "cause" for termination due to non-curable defaults. These defaults include material misrepresentation or omission, failure to complete training, failure to comply with management requirements, and failure to comply with management requirements.
In addition, the document states that under the "Cross Default" provisions of the Franchise Agreement, any default or breach by the franchisee of their Area Development Agreement will also be considered a default or breach of their Franchise Agreement. If the nature of the default or breach under the Area Development Agreement would have permitted Beef O Bradys to terminate the Franchise Agreement had it occurred under the Franchise Agreement itself, then Beef O Bradys may terminate the Franchise Agreement.
The FDD also outlines various cure periods for defaults, such as 10 days to cure monetary defaults to Beef O Bradys or approved suppliers, 10 days to cure noncompliance with any provision other than Section 16.2 of the Franchise Agreement, 30 days to cure noncompliance with System Standards, 3 days to cure breaches of the required inventory, 3 days to cure breaches in advertising standards, and 15 days to maintain the Family Sports Pub in good clean and sound manner.