Under what condition will Bhc be granted additional time to cure a breach of the franchise agreement?
Bhc Franchise · 2025 FDDAnswer from 2025 FDD Document
(a) In addition to all other remedies herein granted, if Master Franchisee breaches in the performance of any of Master Franchisee's obligations or breaches any term or condition of this
Agreement or any related agreement involving third parties, Franchisor may, at Franchisor's election, immediately or at any time thereafter, without waiving any claim for breach hereunder and without notice to Master Franchisee, cure the breach for Master Franchisee's account and on Master Franchisee's behalf, and all costs or expenses including attorney's fees incurred by Franchisor on account thereof are due and payable by Master Franchisee to Franchisor on demand.
Source: Item 23 — Receipts (FDD pages 52–230)
What This Means (2025 FDD)
Based on the 2025 FDD, Bhc has the right to cure a franchisee's breach of the franchise agreement. Specifically, if the franchisee fails to meet any obligations or violates any terms of the agreement or related agreements with third parties, Bhc can choose to step in and correct the breach on behalf of the franchisee. This can be done immediately or at any point after the breach occurs, without Bhc waiving any rights to claim the breach.
All costs and expenses, including attorney's fees, that Bhc incurs while curing the breach are the responsibility of the franchisee and must be paid to Bhc upon demand. This provision allows Bhc to protect its brand and system standards by ensuring that breaches are corrected, even if the franchisee is unable or unwilling to do so themselves.
This clause does not specify any conditions under which Bhc would be granted additional time to cure a breach; rather, it focuses on Bhc's right to take immediate action to resolve the breach at the franchisee's expense. The FDD does not specify any situation where Bhc would need or be granted additional time.