Under what circumstances does Bhc have the right to grant an extended cure period to a franchisee?
Bhc Franchise · 2025 FDDAnswer from 2025 FDD Document
Notwithstanding anything contained herein to the contrary, including section 13.3(c) hereof, in those circumstances under which Franchisor has the right to terminate this Agreement, Franchisor also has the right, to be exercised in its sole discretion, to grant to Franchisee in writing only, in lieu of termination of this Agreement, an extended period of time to cure the breach which gave rise to Franchisor's right to terminate, but in no event may such extended cure period exceed six months from the last day of the cure period otherwise applicable to such breach. Franchisee acknowledges that Franchisor's election to grant an extended cure period to Franchisee will not operate as a waiver of any of Franchisor's rights hereunder.
Source: Item 23 — Receipts (FDD pages 52–230)
What This Means (2025 FDD)
According to Bhc's 2025 Franchise Disclosure Document, Bhc has the right to grant an extended cure period to a franchisee when Bhc has the right to terminate the franchise agreement. This is at Bhc's sole discretion.
The extended cure period must be granted to the franchisee in writing. This extended cure period is offered instead of terminating the agreement.
The extended cure period cannot exceed six months from the last day of the original cure period applicable to the breach. Bhc's decision to grant an extended cure period does not waive any of Bhc's rights under the agreement.