Under what condition can Bhc terminate the franchise agreement for good cause?
Bhc Franchise · 2025 FDDAnswer from 2025 FDD Document
(a) Franchisor has the right to immediately terminate this Agreement upon notice to Franchisee without an opportunity to cure if:
(i) Franchisee admits its inability to pay its debts as they come due, or Franchisee or the business to which the Franchise relates (A) has been the subject of an order for relief in bankruptcy, (B) is judicially determined to be insolvent or (C) has all or a substantial part of its assets assigned to or for the benefit of any creditor;
(ii) Franchisee Abandons the Franchise by failing to operate the Franchised BHC Restaurant for five consecutive business days during which Franchisee is required to operate the business under the terms of this Agreement, or any shorter period after which it is not unreasonable under the facts and circumstances for Franchisor to conclude that Franchisee does not intend to continue to operate the Franchise, unless such failure to operate is due to fire, flood, earthquake or other similar causes beyond Franchisee's control;
(iii) Franchisor and Franchisee agree in writing to terminate the Franchise;
(iv) Franchisee makes any material misrepresentations relating to the acquisition of the Franchise or Franchisee engages in conduct that reflects materially and unfavorably upon the operation and reputation of the Franchised Business or the System;
(v) Franchisee fails after notification of noncompliance, to comply timely with any federal, state, or local law or regulation, including, but not limited to, all health, safety, building, and labor laws or regulations applicable to the operation of the Franchise;
(vi) After curing any failure in accordance with section 13.3 below, Franchisee engages in the same noncompliance whether or not such noncompliance is corrected after notice;
(vii) Franchisee repeatedly fails to comply with one or more material requirements of this Agreement, whether or not corrected after notice;
Source: Item 23 — Receipts (FDD pages 52–230)
What This Means (2025 FDD)
According to Bhc's 2025 Franchise Disclosure Document, Bhc can immediately terminate the franchise agreement without giving the franchisee an opportunity to remedy the situation under several specific conditions. These include if the franchisee admits they cannot pay debts as they become due, or if the franchisee's business has been subject to a bankruptcy order, is judicially determined to be insolvent, or has a substantial part of its assets assigned to benefit creditors.
Bhc can also terminate the agreement if the franchisee abandons the franchise by failing to operate the restaurant for five consecutive business days, unless the failure is due to events beyond the franchisee's control like a natural disaster, or if the franchisor and franchisee mutually agree in writing to terminate the franchise. Furthermore, Bhc can terminate the agreement if the franchisee makes any material misrepresentations during the franchise acquisition or engages in conduct that reflects unfavorably on the franchise's operation and reputation.
Additional causes for immediate termination include failing to comply with federal, state, or local laws and regulations after being notified of noncompliance, engaging in the same noncompliance after curing it, or repeatedly failing to comply with one or more material requirements of the agreement, regardless of whether it was corrected after notice. These termination rights are in addition to any other legal or equitable remedies available to Bhc.