factual

How does Bft define a repeated default that leads to termination without a cure opportunity?

Bft Franchise · 2025 FDD

Answer from 2025 FDD Document

  • (h) Developer commits or suffers a default of: (i) a provision of this Agreement within six (6) months following a previous violation of the same provision, or (ii) its obligations under this Agreement on three (3) or more separate occasions within any 12-consecutive-month period, in either case regardless of whether Franchisor notifies Developer of the defaults or the defaults are subsequently cured.

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 57–66)

What This Means (2025 FDD)

According to Bft's 2025 Franchise Disclosure Document, Bft can terminate the franchise agreement without providing an opportunity to cure if the developer defaults on a provision of the agreement within six months of a previous violation of the same provision. Bft can also terminate the agreement without a cure opportunity if the developer defaults on their obligations under the agreement on three or more separate occasions within any 12-consecutive-month period. This applies regardless of whether Bft notifies the developer of the defaults or whether the defaults are subsequently cured.

This means that a Bft franchisee needs to be especially vigilant about compliance with all aspects of the franchise agreement. Even if a franchisee corrects a mistake, repeated instances of the same or any default within a short time frame can lead to termination of the agreement. This is a stricter standard than many franchises, which usually allow a cure period for most violations.

This policy underscores the importance of a franchisee's thorough understanding of the franchise agreement and consistent adherence to its terms. A prospective Bft franchisee should carefully consider their ability to maintain operational discipline and avoid repeated errors before investing in the franchise.

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.