factual

How does a default or breach by a Checkersrallys franchisee under the Development Agreement affect other agreements with Checkersrallys?

Checkersrallys Franchise · 2025 FDD

Answer from 2025 FDD Document

8.03 Cross-Default. Any default or breach by you (or any of your Owners) or your Affiliate (or any of your Owner's Affiliates) of any other agreement with us or our Affiliate will be considered an event of default under this Agreement, and any default or breach by you (or any of your Owners) of this Agreement will be considered an event of default or breach by you under any and all agreements between us or our Affiliate and you (or any of your Owners) or your Affiliate (or any of your Owner's Affiliates). If the nature of the default under any other agreement would have been considered an event of default under this Agreement, then we or our Affiliate will have the right to terminate all other agreements between us or our Affiliate and you (or any of your Owners) or your Affiliate (or any of your Owner's Affiliates) in accordance with the termination provisions of this Agreement.

Source: Item 23 — RECEIPTS (FDD pages 92–384)

What This Means (2025 FDD)

According to the 2025 Checkersrallys Franchise Disclosure Document, a default or breach by a franchisee (or their Owners) under the Development Agreement has significant implications for other agreements with Checkersrallys or its affiliates. Specifically, any default or breach of the Development Agreement is considered an event of default under any and all agreements between Checkersrallys (or its affiliates) and the franchisee (or their Owners).

Conversely, the FDD states that any default or breach by the franchisee (or their Owners) of any other agreement with Checkersrallys or its affiliates will be considered an event of default under the Development Agreement. This cross-default provision means that if a franchisee fails to meet the terms of one agreement, Checkersrallys can treat it as a default across all agreements.

Furthermore, if the nature of the default under any other agreement would have been considered an event of default under the Development Agreement, Checkersrallys or its affiliate has the right to terminate all other agreements between them and the franchisee (or their Owners). This termination would be in accordance with the termination provisions outlined in the Development Agreement. This clause creates a significant risk for franchisees, as a relatively minor infraction under one agreement could trigger the termination of all agreements, potentially leading to substantial financial losses.

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.