Is Buns On Fire obligated to cure any default by the Lessee under the Lease?
Buns_On_Fire Franchise · 2025 FDDAnswer from 2025 FDD Document
ees that Lessor may, upon the written request of Buns on Fire, disclose to Buns on Fire all reports, information or data in Lessor's possession with respect to sales made in, upon, or from the leased premises."
- c. "Lessor shall give written notice to Buns on Fire (concurrently with the giving of such notice to Lessee) of any default by Lessee under the lease and Buns on Fire shall have the right, in its sole discretion, to cure any such default. Such notice shall be sent to Buns on Fire at its headquarters, or such other address as Buns on Fire may specify in writing to Lessor."
2.2 Approval of Lease Terms
The Franchisor shall have the right to approve any and all of the lease terms for the premises of the Franchised Business. In the event the Franchisor cures any default by Franchisee under such lease, the total amount of all costs and payments incurred by the Franchisor in effecting such cure shall be immediately due and owing by Franchisee to the Franchisor, including, but not limited to, any and all attorney's fees.
Source: Item 23 — RECEIPTS (FDD pages 49–200)
What This Means (2025 FDD)
According to the 2025 Buns On Fire Franchise Disclosure Document, Buns On Fire is not obligated to cure any default by the franchisee (Lessee) under the lease. However, the lease agreement must contain a clause that the Lessor will give written notice to Buns On Fire (concurrently with the notice to the Lessee) of any default by the Lessee. Buns On Fire then has the right, in its sole discretion, to cure any such default. This notice must be sent to Buns On Fire's headquarters or another address Buns On Fire specifies in writing to the Lessor.
Additionally, the FDD states that the Lessor must permit Buns On Fire to enter the premises to make any modifications necessary to protect the Marks if Buns On Fire elects not to exercise the option to have the Lessee's rights transferred and assigned to it.
Furthermore, after the period during which the Lessee may cure a default, Buns On Fire has an additional fifteen days to cure the default at its sole option. However, if the default arises from the bankruptcy or insolvency of the Lessee or the appointment of a receiver over the Lessee's assets, Buns On Fire has the right to assume the lease upon payment of any rental arrears to that date. If Buns On Fire assumes the lease, the Lessee will no longer have any rights under it.