Is there a specific definition of 'repeatedly breaches' in the Bevaris Alliance franchise agreement?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
Trademarks: the trademarks and service marks set out in Schedule 1 and any other trademarks registered by the Franchisor in relation to the Branded Business from time to time during the Term.
Transfer Fee. 50% of the then current initial franchise fee.
Trade Name: the name Bevaris Alliance, under which the Branded Business is carried on.
Third-Party Quality Assurance Audit Program: Franchisor may establish a systemwide Third-Party Quality Assurance Audit Program including audits of all Franchisee Businesses.
Third-Party Quality Assurance Audit Program Fee: the fee established from time to time by Franchisor for implementation and administration of the Third-Party Quality Assurance Audit Program.
Transfer Notice : the notice referred to in clause 16.2.
week: any period of seven consecutive days.
year: any period of 12 consecutive months.
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
Based on the 2024 Bevaris Alliance Franchise Disclosure Document excerpts, there is no explicit definition of what constitutes 'repeatedly breaches' within the provided definitions and agreement terms. The document includes definitions for terms like 'Additional Training Fees', 'Asset Purchase Notice', 'Trademarks', 'Transfer Fee', and 'Trade Name', among others, but it does not specify what number or type of breaches would be considered 'repeated'.
Without a clear definition, franchisees may face uncertainty regarding what actions could lead to a termination of their franchise agreement. The determination of whether a franchisee has 'repeatedly breached' the agreement could be subject to interpretation by Bevaris Alliance, potentially leading to disputes.
A prospective Bevaris Alliance franchisee should seek clarification from the franchisor regarding the interpretation and application of the term 'repeatedly breaches' in the franchise agreement. Understanding the franchisor's stance on this term is crucial for assessing the risks and obligations associated with the franchise.