factual

Besides termination, what other remedies does Chatime have in the event of a default by the Developer?

Chatime Franchise · 2025 FDD

Answer from 2025 FDD Document

In the event of grounds for a default by the Developer, Franchisor is entitled in its sole discretion to exercise any other remedies in lieu of or prior to terminating the Agreement, which may include but are not limited to reduction in the geographic area of the Development Area, removal of exclusivity within the Development Area, termination or suspension of any and all services provided to Developer by Franchisor, its Affiliates, or approved suppliers; suspension of delivery of product or supplies to Developer by Franchisor, its Affiliates, or approved suppliers; imposition of different credit terms for delivery of product or supplies to Developer by Franchisor, its Affiliates or approved suppliers; temporary operation of the Developer's Operation pursuant to this Agreement; removal of Developer from the Franchisor's website, directory, or social media; execution and delivery of a Release, and imposition of any additional or different requirements for Developer to maintain its right to continue operating the Developer's Operation.

Franchisor's exercise of any of these other remedies shall not in any way impair or waive Franchisor's right in the future to terminate the Agreement or to exercise any other rights under this Agreement.

Source: Item 23 — Receipts (FDD pages 58–262)

What This Means (2025 FDD)

According to the 2025 Chatime Franchise Disclosure Document, in the event of a default by the Developer, Chatime has several remedies it can exercise in its sole discretion, instead of or before terminating the agreement. These remedies provide Chatime with flexibility in addressing a Developer's default, potentially allowing for resolution without resorting to termination.

These remedies include reducing the geographic area of the Development Area, removing exclusivity within the Development Area, and terminating or suspending any and all services provided to the Developer by Chatime, its Affiliates, or approved suppliers. Chatime can also suspend the delivery of product or supplies to the Developer, impose different credit terms for delivery of product or supplies, and temporarily operate the Developer's Operation under the existing agreement.

Additionally, Chatime can remove the Developer from its website, directory, or social media, require the execution and delivery of a Release, and impose additional or different requirements for the Developer to maintain its right to continue operating the Developer's Operation. The FDD emphasizes that Chatime's choice to use any of these alternative remedies does not waive its right to terminate the agreement or exercise any other rights in the future. This provides Chatime with ongoing protection and options in managing the relationship with a defaulting Developer.

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.