In the Better Blend franchise agreement, what events are considered 'Force Majeure'?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
- 18.10 Force Majeure. If either party is unable to perform an obligation due to riots, terrorist act, war, disaster (such as an earthquake, hurricane, or tornado), health emergency (such as epidemics, pandemic, and quarantines), or any other act of God or nature beyond the reasonable control of such party (a "Force Majeure"), such party's performance of the obligation shall be excused for so long as the Force Majeure exists, but not longer than 180 days. This section shall not excuse a party's obligation to make a payment owed under this Agreement.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2024 FDD)
According to the 2024 Better Blend Franchise Disclosure Document, a 'Force Majeure' event excuses a party's performance of an obligation under the franchise agreement for up to 180 days.
Specifically, the Better Blend franchise agreement defines 'Force Majeure' as any inability to perform an obligation due to riots, terrorist acts, war, disasters such as earthquakes, hurricanes, or tornadoes, health emergencies like epidemics, pandemics, and quarantines, or any other act of God or nature beyond the reasonable control of the party.
However, it's important to note that this 'Force Majeure' clause does not excuse a party's obligation to make payments owed under the Better Blend agreement. This means that even if a franchisee is affected by a 'Force Majeure' event, they are still responsible for fulfilling their financial obligations to Better Blend.