What is the deadline for Canine Dimensions to cure a material breach after receiving written notice from the franchisee?
Canine_Dimensions Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee can terminate this Agreement only with the prior written consent of Franchisor, or if Franchisor commits a material breach of this Agreement that is not cured within 90 days after written notice from Franchisee. If the nature of the breach is such that Franchisor will be unable to cure the same within the required 90-day period, Franchisor can take such additional time as may be reasonably necessary within which to cure said breach provided that Franchisor has begun taking corrective action within the 90 day period and is pursued diligently to completion.
Source: Item 22 — CONTRACTS (FDD page 36)
What This Means (2025 FDD)
According to Canine Dimensions' 2025 Franchise Disclosure Document, the franchisor has 90 days to cure a material breach of the Franchise Agreement after receiving written notice from the franchisee. However, if the breach cannot be reasonably cured within 90 days, Canine Dimensions can take additional time to complete the cure, provided they begin corrective action within the initial 90-day period and diligently pursue it to completion.
This clause is important for prospective franchisees because it outlines the process for addressing significant issues with the franchise agreement. It ensures that franchisees have a mechanism to notify Canine Dimensions of a breach and provides the franchisor an opportunity to rectify the situation. The 90-day cure period offers a defined timeframe for resolution, promoting accountability.
The provision allowing for extended time to cure under certain conditions provides Canine Dimensions with some flexibility. However, it also requires them to demonstrate active and continuous effort towards resolving the breach. This protects the franchisee by preventing the franchisor from delaying indefinitely without taking concrete steps.
It is important for franchisees to understand the definition of "material breach" as it applies to their agreement, as this will determine when this termination clause can be invoked. Franchisees should also document all communications and actions related to the breach and the attempted cure to protect their rights.