What is the process for the Bevaris Alliance franchisor to notify the franchisee of a breach?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
- 18.1 Termination for cause by Franchisor. The Franchisor may terminate this agreement with immediate effect (or following such notice period as it sees fit) without prejudice to any of its rights or remedies, by giving written notice to the Franchisee and the Individual if:
- (a) the Franchisee or Individual fails to pay any amount due under this agreement on the due date for payment and remains in default not less than 7 (seven) days after being notified in writing to make such payment; or
- (b) the Franchisee or Individual commits a material breach of any term of this agreement (other than failure to pay any amounts due under this agreement), the Manual, or any other written agreement between the Franchisor and Franchisee or involving the Franchisee though Franchisee is not a party to such other written agreement (such as a Food Service Agreement) and (if such breach is remediable) fails to remedy that breach (or adequately assist Franchisor in the remedy of a Food Service Agreement) within a period of 14 (fourteen) days after being notified in writing to do so; or
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to the 2024 Bevaris Alliance Franchise Disclosure Document, the franchisor can terminate the franchise agreement if the franchisee breaches the agreement. Bevaris Alliance will provide written notice to the franchisee and the individual involved.
If the breach involves failure to pay amounts due, Bevaris Alliance will provide a written notice, and the franchisee has seven days to make the payment. For a material breach of the agreement, manual, or any other written agreement, the franchisee has 14 days after written notification to remedy the breach or assist Bevaris Alliance in remedying it.
Bevaris Alliance may terminate the agreement with immediate effect, or following a notice period it deems fit, without losing any rights or remedies. This termination can occur if the franchisee or individual fails to pay amounts due, commits a material breach, fails to complete initial training, does not start the business by the commencement date, repeatedly breaches the agreement, provides false information, or fails to improve service quality after receiving complaints.