Does the C12 Group franchisor have to operate the Franchised Business themselves after termination for cause?
C12_Group Franchise · 2025 FDDAnswer from 2025 FDD Document
If this Agreement is terminated by Franchisor for cause, Franchisor may, in its sole discretion, choose to continue to operate the Franchised Business with a Chair or other representative designated by Franchisor, which may involve another C12 franchisee.
In the event that Franchisor assumes the operation of the Franchised Business as described herein, Franchisor shall pay Franchisee fifty percent (50%) of the Net Operating Income of the Franchised Business for three (3) months (the "Step-In Payment").
The "Net Operating Income" means the Gross Revenue of the Franchised Business less (i) payment of the Royalty Fees to Franchisor that Franchisee would have paid but for the termination of this Agreement and (ii) all other expenses incurred by Franchisor while operating the Franchised Business.
Franchisor may, in its sole discretion, attempt to sell the Franchised Business, but Franchisor shall have no obligation to do so.
If Franchisor does not sell or otherwise decides to close the Franchised Business, there will be no compensation to Franchisee.
If Franchisor sells the Franchised Business within three (3) months of termination of this Agreement, Franchisor will pay Franchisee the amount that Franchisor receives for the Franchised Business less the Step-In Payment that Franchisor has already paid to Franchisee.
Source: Item 22 — CONTRACTS (FDD page 46)
What This Means (2025 FDD)
According to C12 Group's 2025 Franchise Disclosure Document, if the franchise agreement is terminated by C12 Group for cause, C12 Group has the discretion to continue operating the franchised business. This operation can be managed by a Chair or another representative designated by C12 Group, potentially involving another C12 Group franchisee.
If C12 Group chooses to operate the business, they will pay the franchisee 50% of the Net Operating Income for three months, referred to as the "Step-In Payment". The Net Operating Income is defined as the Gross Revenue of the franchised business, less the royalty fees that would have been paid to C12 Group and all other expenses incurred by C12 Group while operating the business.
C12 Group also has the option to sell the franchised business but is under no obligation to do so. If C12 Group does not sell the business or decides to close it, the franchisee will not receive any compensation. However, if C12 Group sells the business within three months of the termination, the franchisee will receive the amount C12 Group receives from the sale, minus the Step-In Payment already paid to the franchisee.