What is the maximum cure period Bombs Away must provide to a franchisee before terminating the agreement for non-compliance?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
Good cause shall include the failure of the franchisee to comply with any lawful provision of the franchise agreement and to cure such failure after being given written notice thereof and a reasonable opportunity, which in no event need be more than 30 days, to cure such failure.
Source: Item 23 — RECEIPTS (FDD pages 36–117)
What This Means (2024 FDD)
According to Bombs Away's 2024 Franchise Disclosure Document, the maximum cure period the company must provide to a franchisee before terminating the agreement for non-compliance is 30 days, but this only applies to transactions governed by Michigan Franchise Investment Law. Specifically, if the franchise agreement contains a provision that permits Bombs Away to terminate a franchise prior to the expiration of its term, it can only do so for good cause. Good cause includes the failure of the franchisee to comply with any lawful provision of the franchise agreement and to cure such failure after being given written notice and a reasonable opportunity, which need not be more than 30 days, to cure such failure.
This stipulation is part of the Michigan Addendum to the disclosure document, meaning it only applies to Bombs Away franchises operating in Michigan. For franchisees in other states, the cure period may differ based on local laws or the specific terms outlined in the franchise agreement. Therefore, prospective franchisees should carefully review the termination clauses in their franchise agreement and any state-specific addenda to understand their rights and obligations regarding cure periods.
It is important to note that this 30-day cure period is the maximum Bombs Away is required to provide under Michigan law. The franchise agreement might specify a shorter cure period, but it cannot be less favorable to the franchisee than what is mandated by Michigan law. Franchisees should consult with legal counsel to fully understand their rights and obligations under the franchise agreement and applicable state laws.