factual

What is a Chem Dry franchisee required to do if they violate the Chem Dry agreement?

Chem_Dry Franchise · 2024 FDD

Answer from 2024 FDD Document

in the sole discretion of the Franchisor; and

  • g) to insure and reinsure the same for all risks incidental to the Franchisor's possession, operation and management thereof; and/or

h) notwithstanding any provision of the Franchise Agreement to the contrary, to declare all of the Franchisee's rights but not obligations under the Franchise Agreement to be immediately terminated as of the date of Franchisee defaults under the Lease and fails to cure said default within the applicable cure period (if any).

The parties agree and acknowledge that Franchisor is not required to assume the Lease, take possession of the Site or otherwise exercise of its other rights described in this Assignment. In the event Franchisor elects to exercise its right to assume the Lease and/or take possession of the Site, it will provide written notice to Franchisee in writing and undertake the other necessary actions at issue. Nothing in this Assignment may be construed to impose an affirmative obligation on the part of Franchisor to exercise any of the rights set forth herein.

    1. Power of Attorney: Franchisee does hereby appoint irrevocably Franchisor as its true and lawful attorney-in-fact in its name and stead and hereby authorizes it, upon any default under the Lease or under the Franchise Agreement, with or without taking possession of the Site, to rent, lease, manage and operate the Site to any person, firm or corporation upon such terms and conditions in its discretion as it may determine, and with the same rights and powers and immunities, exoneration of liability and rights of recourse and indemnity as the Franchisor would have upon taking possession of the Site pursuant to the provisions set forth in the Lease. The power of attorney conferred upon the Franchisor pursuant to this Assignment is a power coupled with an interest and cannot be revoked, modified or altered without the written consent of the Franchisor.
    1. Election of Remedies: It is understood and agreed that the provisions set forth in this Assignment are deemed a special remedy given to the Franchisor and are not deemed to exclude any of the remedies granted in the Franchise Agreement or any other agreement between the Franchisor and the Franchisee, but are deemed an additional remedy and shall be cumulative with the remedies therein and elsewhere granted to the Franchisor, all of which remedies are enforceable concurrently or successively. No exercise by the Franchisor or any of the rights hereunder will cure, waiver or affect any default hereunder or default under the Franchise Agreement. No inaction or partial exercise of rights by the Franchisor will be construed as a waiver of any of its rights and remedies and no waiver by the Franchisor of any such rights and remedies shall be construed as a waiver by the Franchisor of any future rights and remedies. Franchisor is not required to exercise any of its rights set forth in Section 6 hereof, but shall have the irrevocable right to do so.

Source: Item 22 — CONTRACTS (FDD page 68)

What This Means (2024 FDD)

The 2024 Chem Dry Franchise Disclosure Document outlines specific actions Chem Dry can take if a franchisee violates the Franchise Agreement, particularly concerning lease defaults. Chem Dry has the right to declare the franchisee's rights under the Franchise Agreement immediately terminated if the franchisee defaults on their lease and fails to correct the default within any applicable cure period. This means Chem Dry can end the franchise relationship if the franchisee doesn't meet their lease obligations. However, the franchisee's obligations are not terminated.

Chem Dry is not obligated to assume the lease or take possession of the site but can choose to do so by providing written notice to the franchisee. Additionally, the franchisee grants Chem Dry a power of attorney, allowing Chem Dry to manage and operate the site if the franchisee defaults on the lease or Franchise Agreement. This includes the ability to rent or lease the site to another party under terms Chem Dry deems appropriate. This power of attorney is coupled with an interest, meaning it cannot be revoked without Chem Dry's written consent.

These remedies available to Chem Dry are in addition to any other remedies outlined in the Franchise Agreement or other agreements between Chem Dry and the franchisee. Exercising these rights does not waive any other defaults or affect the terms of the Franchise Agreement. This ensures that Chem Dry has multiple avenues for recourse in case of a franchisee's default, providing them with flexibility in managing the situation while protecting their interests. The franchisee is responsible for attorneys' fees if they do not prevail in a dispute.

Disclaimer: This information is extracted from the 2024 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.