Is the Non-Compliance Fee the only remedy Care Plus Medical Ucc has for franchisee non-compliance?
Care_Plus_Medical_Ucc Franchise · 2024 FDDAnswer from 2024 FDD Document
are Plus Medical UCC may charge its thencurrent training fee. As of the date of this Agreement, the training fee is $450 per day.
- 4.5 Non-Compliance Fee. Care Plus Medical UCC may charge Franchisee $500 for any instance of non-compliance with the System Standards or this Agreement (other than Franchisee's non-payment of a fee owed to Care Plus Medical UCC) which Franchisee fails to cure after 30 days' notice. Thereafter, Care Plus Medical UCC may charge Franchisee $250 per week until Franchisee ceases such non-compliance. This fee is a reasonable estimate of Care Plus Medical UCC's internal cost of personnel time attributable to addressing the non-compliance, and it is not a penalty or estimate of all damages arising from Franchisee's breach. The non-compliance fe
Source: Item 22 — CONTRACTS (FDD page 41)
What This Means (2024 FDD)
According to the 2024 Care Plus Medical Ucc Franchise Disclosure Document, the Non-Compliance Fee is not the only remedy available to Care Plus Medical Ucc for franchisee non-compliance. Care Plus Medical Ucc has other rights and remedies available.
Specifically, Care Plus Medical Ucc may charge a $500 Non-Compliance Fee for any instance of non-compliance with the System Standards or the Franchise Agreement, provided the franchisee fails to correct the issue after 30 days' notice. If the non-compliance continues, Care Plus Medical Ucc can charge $250 per week until the franchisee rectifies the situation. This fee is designed to cover Care Plus Medical Ucc's internal costs related to addressing the non-compliance and is not considered a penalty or a comprehensive estimate of all potential damages resulting from the breach.
This Non-Compliance Fee is explicitly stated to be in addition to all other rights and remedies that Care Plus Medical Ucc possesses, including the ability to declare a default and terminate the agreement as outlined in Section 14.2 of the agreement. This means that Care Plus Medical Ucc has various options for addressing franchisee non-compliance, and the Non-Compliance Fee is just one of them.