What is the effect of the Tenant's agreement to vacate the leased premises on Chatime's right to acquire the property?
Chatime Franchise · 2025 FDDAnswer from 2025 FDD Document
Tenant agrees to peaceably and promptly vacate the Leased Premises and, subject to Franchisor's right to acquire any such property pursuant to its Franchise Agreement with Tenant, to remove its personal property therefrom upon the termination of the Franchise Agreement.
Any property not removed or otherwise disposed of by Tenant shall be deemed abandoned.
Source: Item 23 — Receipts (FDD pages 58–262)
What This Means (2025 FDD)
According to Chatime's 2025 Franchise Disclosure Document, the tenant (franchisee) agrees to vacate the leased premises peaceably and promptly upon termination of the Franchise Agreement. This agreement is subject to Chatime's right to acquire the property, meaning that Chatime has the option to take over the lease rather than have the franchisee simply vacate. The franchisee must also remove their personal property from the premises upon termination. Any property not removed or disposed of by the franchisee is deemed abandoned.
This clause ensures that Chatime has the first right to maintain control of the location if the franchise agreement is terminated. This is a common practice in franchising, as the location is often critical to the success of the business. By securing the right to acquire the lease, Chatime can continue operations at that location with a new franchisee or as a company-owned store.
For a prospective Chatime franchisee, this means that upon termination of the franchise agreement, they must be prepared to vacate the premises and remove all personal property unless Chatime exercises its right to acquire the lease. Failure to remove property could result in it being considered abandoned. This provision protects Chatime's interest in maintaining the location for future business operations.