Under what condition can Central Bark Doggy Day Care terminate the franchise agreement?
Central_Bark_Doggy_Day_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
ceive or attempt to receive our consent, then this Agreement shall immediately terminate at our election.
- (ii) Your failure to satisfy the Development Obligation within the Development Periods set forth herein.
- (iii) Your or your Affiliates failure to pay any amounts due to us or our Affiliates (including, but not limited to, the Initial Franchise Fee or Royalty Fees) in a timely manner as required by this Agreement or any Franchise Agreement signed by you or your Affiliates, which failure you do not cure within ten (10) days after we deliver written notice of such failure to you.
- (iv) Your opening of any Central Bark Facility in the Multi-unit Territory except in strict accordance with the procedures set forth in Article 7 of this Agreement.
- (v) Your failure to comply fully with the requirements of Article 8 of this Agreement.
- (vi) your (or any of your Owners' of Affiliates') (a) failure on three (3) or more separate occasions within any 12 consecutive month period to comply with any provision of this Agreement or (b) failure on two (2) or more separate occasions within any six (6) consecutive month period to comply with the same obligation under this Agreement, in either case, whether or not we notify you of the failures, and, if we do notify you of the failures, whether or not you correct the failures after our delivery of notice to you.
- (vii) your (or any of your Owners') (a) filing of a petition in bankruptcy or the filing of a petition in bankruptcy against you; (b) making an assignment for the benefit of creditors or admitting in writing your insolvency or inability to pay your debts generally as they become due; (c) your consent to the appointment of a receiver, trustee, or liquidator of all or the substantial part of your property; or (d) attachment, seizure, subjection to a writ or distress warrant, or levying upon a Central Bark Facility developed hereunder, unless the attachment, seizure, writ, warrant, or levy is vacated within 30 days.
- (viii) your (or any of your Owners') failure to comply with any other provision of this Agreement which default remains uncured within 30 days after we deliver written notice of the failure to you.
Source: Item 1 — Franchisee shall have paid all Royalty Fees, advertising fund contributions, LAC contributions, amounts owed for purchases by Franchisee from Franchisor, or Franchisor's affiliates, and all other amounts owed to Franchisor, Franchisor's affiliates, and third-party creditors, and shall have submitted to Franchisor all required reports and statements; (FDD pages 106–233)
What This Means (2025 FDD)
According to the 2025 Franchise Disclosure Document, Central Bark Doggy Day Care can terminate the franchise agreement under several conditions. These include failing to meet the Development Obligation within the specified Development Periods, not paying amounts due to Central Bark Doggy Day Care or its affiliates (such as the Initial Franchise Fee or Royalty Fees) within ten days of written notice, and opening a Central Bark Facility outside the procedures outlined in Article 7 of the agreement.
Further reasons for termination include failing to comply with Article 8 of the agreement, repeated non-compliance with any provision of the agreement, or certain financial issues such as filing for bankruptcy or making an assignment for the benefit of creditors. Specifically, the agreement states that three failures within 12 months or two failures within six months to comply with any obligation, even if notice is not given or the failures are corrected, can result in termination.
Additionally, Central Bark Doggy Day Care can terminate the agreement if the franchisee (or any of their Owners) fails to comply with any other provision of the agreement, and the default remains uncured within 30 days after written notice. If the franchisee's heir(s) fail to receive or attempt to receive the franchisor's consent, the agreement shall immediately terminate at the election of Central Bark Doggy Day Care. These termination clauses are typical in franchise agreements to protect the brand and ensure compliance with the franchise system.