Does Beem Light Sauna have the right to terminate the franchise agreement without cause?
Beem_Light_Sauna Franchise · 2025 FDDAnswer from 2025 FDD Document
n by franchisee | Section 14.3 | If we commit a material breach of the Franchise Agreement and we fail to cure the breach or take reasonable steps to begin curing the breach within 60 days after receiving notice from you, you may terminate the Franchise Agreement. |
| Provision | Section in Franchise Agreement | Summary | |
|---|---|---|---|
| e. | Termination by us without cause | Not applicable | None. |
| f. | Termination by us with cause | Section 14.2 | We can terminate only if you default under the Franchise Agreement (see (g) and (h) below). While termination of the Development Agreement does not impact any then-effective franchise agreements, termination of a franchise agreement entitles us to terminate the Development Agreement. |
| g. | "Cause" defined – curable defaults | Section 14.1 | You have 10 days to cure the non-payment of any amounts owed to us or our affiliates or your failure to make sufficient funds available to us; 24 hours to cure non-compliance with any law, regulation or ordinance which results in a threat to the public's health or safety; and 30 days to cure a failure to comply with any other provision of the Franchise Agreement, except as described in (h) below. While termination of the Development Agreement does not impact any then-effective franchise agreements, termination of a franchise agreement entitles us to terminate the Development Agreement. |
| h. | "Cause" defined – non-curable defaults | Section 14.1 | You or any Owner make or have made any material misrepresentation to us; your Required Trainees fail to satisfactorily complete initial training at least 30 days before the earlier of the actual opening date or the Opening Deadline (or by such earlier deadline that we specify); you fail to secure a site by the Site Acquisition Deadline; you fail to open the Studio by the Opening Deadline; you fail to renovate the Studio and the Site in a timely manner; you fail to maintain possession of the Site and fail to enter into a lease for a new accepted site within 90 days after termination of the Site lease; you voluntarily suspend operations of the Studio for more than three days without our prior written consent; you fail to communicate with us; you fail to meet Minimum Sales Levels for two consecutive calendar years; you, your Operating Principal, your Designated Managers, or any of your representatives that we designate miss two or more required meetings; you, any Owner, or any of your officers or directors are convicted or plead nolo contendere to a crime involving moral turpitude or consumer fraud or any other crime or offense or engages in any activities that impairs the goodwill associated with the Marks; you or any Owner misuses the Marks, engages in any business under a name that is confusingly similar to any Mark, or otherwise materially impairs the goodwill associated with the Marks or our right in any of the Intellectual Property; you disclose Proprietary Information; |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION THE FRANCHISE RELATIONSHIP (FDD pages 55–62)
What This Means (2025 FDD)
According to Beem Light Sauna's 2025 Franchise Disclosure Document, Beem Light Sauna does not have the right to terminate the franchise agreement without cause. The FDD specifies that termination by Beem Light Sauna is only permissible if the franchisee defaults under the Franchise Agreement, as detailed in sections 14.2, 14.1 (curable defaults), and 14.1 (non-curable defaults).
Curable defaults include non-payment of amounts owed to Beem Light Sauna or its affiliates (with a 10-day cure period), non-compliance with laws that threaten public health or safety (with a 24-hour cure period), and failure to comply with other provisions of the Franchise Agreement (with a 30-day cure period). Non-curable defaults include material misrepresentations, failure of required trainees to complete initial training satisfactorily, failure to secure a site by the Site Acquisition Deadline, failure to open the studio by the Opening Deadline, and various other operational and legal breaches.
This arrangement is typical in franchising, where franchisors generally need a justifiable reason to terminate a franchise agreement to protect franchisees who have invested time and money in establishing their Beem Light Sauna business. The detailed list of potential causes for termination provides clarity and protection for both the franchisor and franchisee, outlining the specific circumstances under which termination is warranted. Prospective franchisees should carefully review these conditions to understand their obligations and the potential risks of termination.