factual

If the reason for termination, cancellation, nonrenewal or substantial change in competitive circumstances of a Carls Jr. franchise is nonpayment of sums due under the Development Agreement, how many days does the Developer have to remedy such default from the date of delivery or posting of such notice?

Carls_Jr Franchise · 2025 FDD

Answer from 2025 FDD Document

  • 3. The following paragraph is added to the end of Section 13.A.:

Section 135.04 of the Wisconsin Fair Dealership Law includes the requirement that, in certain circumstances, a franchisee receive 90 days' notice of termination, cancellation, non-renewal or substantial change in competitive circumstances. The notice shall state all the reasons for termination, cancellation, non-renewal or substantial change in competitive circumstances and shall provide that the franchisee has 60 days in which to rectify any claimed deficiency and shall supersede the requirements of paragraph 13.A. of the Development Agreement to the extent they may be inconsistent with the Law's requirements. If the deficiency is rectified within 60 days the notice shall be void. The above-notice provisions shall not apply if the reason for termination, cancellation or nonrenewal is insolvency, the occurrence of an assignment for the benefit of creditors or bankruptcy. If the reason for termination, cancellation, nonrenewal or substantial change in competitive circumstances is nonpayment of sums due under the Development Agreement, Developer shall be entitled to written notice of such default, and shall have 10 days in which to remedy such default from the date of delivery or posting of such notice.

Source: Item 21 — FINANCIAL STATEMENTS (FDD page 75)

What This Means (2025 FDD)

According to the 2025 Carls Jr. Franchise Disclosure Document, an addendum to the Development Agreement addresses the timeframe for rectifying defaults, specifically for developers in Wisconsin.

If the reason for termination, cancellation, nonrenewal, or substantial change in competitive circumstances is due to nonpayment of sums owed under the Development Agreement, the developer is entitled to written notice of the default. Following this notice, the developer has 10 days to remedy the default. This 10-day period begins from the date the notice is delivered or posted.

This stipulation is specific to the Wisconsin Fair Dealership Law and supersedes any inconsistent requirements in paragraph 13.A of the Development Agreement. This addendum ensures that Carls Jr. complies with Wisconsin state law regarding fair dealing with franchisees.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.