factual

What is the process for the Beehive Homes franchisor to terminate the agreement after an event of default?

Beehive_Homes Franchise · 2025 FDD

Answer from 2025 FDD Document

s, on the other hand.

  • 14.2. Notice of Default. Upon the occurrence of an Event of Default as defined in Section 14.1 above, Franchisor shall give Franchisee written Notice of Default which must be cured by Franchisee as of the date of the Notice if the Event of Default is one which is incapable of cure by Franchisee or within thirty (30) days after the date of the Notice, unless a longer period is required under the laws of the state in which the Home is located. In addition, for an Event of Default under Section 14.1(a), Franchisor may also give written notice to any lender of Franchisee.
  • 14.3. Termination. Upon the occurrence of any Event of Default and compliance with the notice requirements of Section 14.2 and upon Franchisee's failure to timely cure, Franchisor may terminate this Agreement by delivering to Franchisee a written Notice of Termination. This Agreement shall not be terminated until the delivery of the Notice of Termination to Franchisee.
  • 14.4. Obligations of Franchisee Upon the Occurrence of an Event of Default, Termination or Expiration. Upon occurrence of an Event of Default, termination, Election Not to Renew or expiration of this Agreement for any reason, the Franchisee shall cease to be a licensed franchisee of Franchisor and Franchisee hereby covenants:
    • (a) To pay to Franchisor all fees and other charges owed or accrued to Franchisor on or before the first day of the month following the date of termination or expiration;
    • (b) To pay to Franchisor a cancellation fee in the amount of Ten Thousand Dollars ($10,000.00);
    • (c) Not to hold itself out as a franchisee of Franchisor and to cease all use of the Names and Marks, Trade Secrets and Copyrighted Materials;
    • (d) To deliver and surrender up to Franchisor each and all of the Names and Marks, and any physical objects bearing or containing any of the Names and Marks, or, at

Franchisor's election, to obliterate or destroy any Names and Marks in Franchisee's possession;

  • (e) To take all necessary steps to disassociate itself from Franchisor, including, but not limited to, the removal of signs, destruction of letterhead, disconnecting of all telephone numbers listed under any of the Names or Marks or under any confusingly similar name and, upon Franchisor's request, transferringallsuch numbers and listings to Franchisor or its designee;
  • (f) To take such action as shall be necessary to amend or cancel any assumed name, business name or equivalent registration which contains any Names or Marks;
    • (g) To cease all operations at the Location;
  • (h) To furnish evidence satisfactoryto Franchisor of compliancewith this Section within the thirty (30) calendar days after the termination or expiration under this Agreement; and
  • (i) If Franchisee fails to promptly complete any of the foregoing steps, Franchisee hereby irrevocably appoints Franchisor as its attorney-in-fact to complete the foregoing steps for and on the beh

Source: Item 23 — RECEIPTS (FDD pages 34–123)

What This Means (2025 FDD)

According to Beehive Homes' 2025 Franchise Disclosure Document, the termination process begins with the franchisor providing the franchisee written notice of default. This notice outlines the specific event of default and the timeframe within which the franchisee must correct the issue. If the default is something that cannot be cured, the franchisee must address it immediately. Otherwise, the franchisee typically has thirty days from the date of the notice to resolve the default, unless state law requires a longer period. For a monetary default under Section 14.1(a), Beehive Homes may also notify any lender of the franchisee.

Following the notice of default, if the franchisee fails to cure the default within the specified timeframe, Beehive Homes has the right to terminate the franchise agreement. To do so, Beehive Homes must deliver a written notice of termination to the franchisee. The agreement is not considered terminated until this notice is delivered.

Upon termination, the franchisee must cease operating as a Beehive Homes franchisee and adhere to several obligations. These include paying all outstanding fees and charges owed to Beehive Homes, as well as a cancellation fee of $10,000. The franchisee must also stop using Beehive Homes' names, marks, trade secrets, and copyrighted materials. They must also take necessary steps to disassociate themselves from Beehive Homes, such as removing signs, destroying letterhead, and disconnecting phone numbers associated with the brand. The franchisee is also required to provide evidence of compliance with these requirements within 30 days of termination.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.