factual

If a receiver is appointed for a substantial part of a Chatime franchisee's assets, can Chatime terminate the franchise agreement?

Chatime Franchise · 2025 FDD

Answer from 2025 FDD Document

  • (i) A receiver, manager, liquidator, or other Person acting in a comparable capacity is appointed for a substantial part of the assets of Franchisee.

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

What This Means (2025 FDD)

According to Chatime's 2025 Franchise Disclosure Document, Chatime can terminate the franchise agreement if a receiver, manager, liquidator, or other person acting in a comparable capacity is appointed for a substantial part of the franchisee's assets. This is explicitly stated as a condition that allows Chatime to end the agreement.

This provision protects Chatime from potential financial instability or mismanagement on the part of the franchisee. The appointment of a receiver typically indicates serious financial distress, which could negatively impact the Chatime brand and its reputation. By including this clause, Chatime retains the right to sever ties with a franchisee facing such difficulties.

For a prospective Chatime franchisee, this means understanding the importance of maintaining financial stability and adhering to sound business practices. Failure to do so, leading to the appointment of a receiver, could result in the termination of the franchise agreement and the loss of the business. Franchisees should carefully consider the financial risks involved and ensure they have adequate resources and expertise to manage their business effectively.

It's important to note that Chatime also has the option to exercise other remedies instead of immediately terminating the agreement. These remedies can include temporarily operating the franchised business, suspending services or product delivery, or imposing different credit terms. However, Chatime's decision to pursue these alternative remedies does not waive their right to terminate the agreement in the future if the situation warrants it.

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.