What is the time period a Caring Transitions franchisee has to cure a breach of contract?
Caring_Transitions Franchise · 2025 FDDAnswer from 2025 FDD Document
- (a) If Franchisee fails to cure any default within thirty days after its receipt of a written notice of breach from Franchisor, Franchisor may terminate this Agreement, except that no written notice of default or opportunity to cure shall be required in the case of a default described in subsections 13.1(g) through (w) above. If Franchisee defaults on this Agreement two separate times, for each of which Franchisee was given notice and an opportunity to cure, then Franchisor may terminate this Agreement upon any subsequent default without providing notice or opportunity to cure. Termination of this Agreement shall, at Franchisor's option, be effective automatically upon the expiration of the time period specified above (or such longer period as may be required by applicable law) if Franchisee fails to cure the default within such period, or, if no notice of default is required, immediately upon Franchisee's receipt of a written notice of termination.
- (b) If Franchisee fails to cure any default within thirty days after its receipt of a written notice of breach from Franchisor, then the exclusivity of the Franchise Territory granted by Section 1.3 shall be automatically suspended without further notice until the breach has been cured or this Agreement has been terminated.
- 13.3 Suspension of Franchise Rights During Default. In addition to and without limiting any other remedies provided in this Agreement, if Franchisor at any time has the right to terminate this Agreement, then Franchisor, in its sole and unfettered discretion, also has the right to suspend Franchisee's nonexclusive license to use the Marks and the System granted by Section 1.1 until any and all breaches of this Agreement have been cured.
- 13.4 Franchisor's Step-in Rights. In addition to and without limiting any other remedies provided in this agreement, at law or in equity, upon Franchisee's failure to cure any default within the applicable cure period (if any), Franchisor has the right, but not the obligation, to enter upon the Franchise
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 41–49)
What This Means (2025 FDD)
According to Caring Transitions' 2025 Franchise Disclosure Document, a franchisee typically has 30 days to cure a breach of contract after receiving written notice from the franchisor. However, there are exceptions to this rule.
Specifically, the 30-day cure period does not apply to defaults described in subsections 13.1(g) through (w) of the franchise agreement, for which no notice or opportunity to cure is required. Additionally, if a franchisee defaults on the agreement twice, with notice and opportunity to cure each time, Caring Transitions can terminate the agreement upon any subsequent default without providing further notice or opportunity to cure.
If a franchisee fails to cure a default within the 30-day period, Caring Transitions can suspend the exclusivity of the franchise territory until the breach is resolved or the agreement is terminated. Furthermore, Caring Transitions has the right to suspend the franchisee's license to use the Caring Transitions marks and system until all breaches are cured. After the cure period, Caring Transitions also has the right to enter the franchise to remedy the default, but is not obligated to do so.