What are some non-curable defaults under the Central Bark Doggy Day Care Franchise Agreement?
Central_Bark_Doggy_Day_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in franchise agreement, multi-unit franchise agreement, or other agreement | Summary |
|---|---|---|
| 10 mile radius of any CENTRAL BARK facility (same restrictions apply after transfer) | ||
| s. Modification of the agreement | FA - XXV. MUFA – 10.12 | No modifications except in writing, but We may change Operating Manual No modifications except in writing |
| t. Integration/merger clause | FA - XXV. MUFA – 10.12 | Only the terms of the Franchise Agreement are binding (subject to state law). Any other promises might not be enforceable. However, nothing in the Franchise Agreement or any related agreement is intended to disclaim our representations made in the Disclosure Document. Only the terms of the MUFA are binding (subject to state law). Any other promises might not be enforceable. However, nothing in the MUFA or any related agreement is intended to disclaim our representations made in the Disclosure Document. |
| u. Dispute resolution by arbitration or mediation | FA - XXX. and MUFA – 10.16 | We and you must arbitrate all disputes at a location within 50 miles of our or, as applicable, its successor’s or assign’s then- current principal place of business (currently Oakland Park, Florida) (subject to state law) |
| v. Choice of forum | FA - XXVIII. and MUFA -10.8 | Subject to arbitration requirement, litigation generally must be in courts nearest our or, as applicable, its successor’s or assign’s then-current principal place of business (currently Oakland Park, Florida) (subject to state law) |
| w. Choice of law | FA - XXVII. and MUFA – 10.7 | Except for U.S. Federal Arbitration Act and other federal laws in the U.S., laws of the State of Florida (subject to state law) |
| Provision | Section in franchise agreement, multi-unit franchise agreement, or other agreement | Summary |
| MUFA – N/A | We may not terminate the MUFA without cause. | |
| f. Termination by franchisor with cause | FA - XV. | We may terminate only if you or your owners commit one of several violations. We may not terminate the Franchise Agreement based on the termination of the MUFA. |
| MUFA – Article 9 | We may terminate only if you or your owners commit one of several violations. We may terminate the MUFA based on the termination of a Franchise Agreement. | |
| g. "Cause" defined – curable | FA – XV. | Under Franchise Agreement, you have 30 days to cure |
| defaults | operational defaults and other defaults not listed in (h) below | |
| MUFA – | Under MUFA, you have 30 days to cure operational defaults and | |
| 9.1 | other defaults not listed in (h) below | |
| h. "Cause" defined – non curable defaults | FA - XV. | Non-curable defaults under Franchise Agreement include: bankruptcy; assignment for the benefit of creditors, abandonment; failure to complete training; engaging in conduct likely to adversely affect reputation or impair goodwill of Marks; conviction of a felony; arrested or under the influence of drugs or alcohol while supervising the premises of the Franchised Business; unapproved transfer of control of Franchised Business; material misrepresentations or omissions; failure to select site and sign lease for Franchised Business within 120 days; failure to open for business within 300 days; failure to maintain possession of Franchised Business; unauthorized transfer of Franchised Business; unauthorized use or disclosure of the Operating Manual; understating Gross Sales; monetary defaults; repeated violations (even if cured); failure to comply with other agreements with us or our affiliates and do not correct such failure within the applicable cure period, if any; and failure to pay any third-party, including the lessor of the Location, any amounts owed in connection with the CENTRAL BARK facility when due. |
Source: Item 17 — Renewal, Termination, Transfer, and Dispute Resolution (FDD pages 38–42)
What This Means (2025 FDD)
According to Central Bark Doggy Day Care's 2025 Franchise Disclosure Document, there are specific defaults that, if committed by the franchisee, cannot be cured and may lead to termination of the Franchise Agreement. These non-curable defaults include actions such as bankruptcy, assigning assets for the benefit of creditors, or abandoning the business. Failing to complete the initial training program is also considered a non-curable default. Engaging in conduct that could negatively impact the reputation or goodwill of the Central Bark Doggy Day Care brand, such as a felony conviction or being under the influence of drugs or alcohol while supervising the premises, are also included.
Further non-curable defaults involve the unauthorized transfer of business control, making material misrepresentations or omissions to Central Bark Doggy Day Care, or failing to select a site and sign a lease within 120 days. Additionally, failing to open the business within 300 days, not maintaining possession of the franchised business, or making unauthorized use or disclosure of the Operating Manual are considered non-curable defaults. Understating gross sales, committing monetary defaults, or repeatedly violating the Franchise Agreement (even if the violations are later cured) can also lead to termination without an opportunity to correct the behavior.
Finally, failing to comply with other agreements with Central Bark Doggy Day Care or its affiliates without correcting the failure within any applicable cure period, and failing to pay any third-party, including the lessor of the Location, any amounts owed in connection with the CENTRAL BARK facility when due are also non-curable defaults. These stipulations highlight the importance of adhering to the Franchise Agreement and maintaining financial responsibility to avoid potential termination of the franchise agreement with Central Bark Doggy Day Care.