What are the insolvency-related events that could lead to the termination of a Chicken Guy franchise agreement without a cure period?
Chicken_Guy Franchise · 2025 FDDAnswer from 2025 FDD Document
- (5) Franchisee is insolvent or is unable to pay its creditors (including Chicken Guy); files a petition in bankruptcy, an arrangement for the benefit of creditors or a petition for reorganization; there is filed against Franchisee a petition in bankruptcy, an arrangement for the benefit of creditors or petition for reorganization, which is not dismissed within 60 days of the filing; Franchisee makes an assignment for the benefit of creditors; or a receiver or trustee is appointed for Franchisee and not dismissed within 60 days of the appointment.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Chicken Guy's 2025 Franchise Disclosure Document, certain insolvency-related events can trigger the immediate termination of the franchise agreement, without providing an opportunity for the franchisee to remedy the situation. Specifically, if the franchisee becomes insolvent or is unable to pay its creditors, including Chicken Guy, the agreement can be terminated. Similarly, the agreement can be terminated if the franchisee files a petition in bankruptcy, an arrangement for the benefit of creditors, or a petition for reorganization.
Furthermore, if a petition in bankruptcy, an arrangement for the benefit of creditors, or a petition for reorganization is filed against the franchisee and is not dismissed within 60 days, Chicken Guy can terminate the agreement without a cure period. The same is true if the franchisee makes an assignment for the benefit of creditors, or if a receiver or trustee is appointed for the franchisee and is not dismissed within 60 days of the appointment.
These stipulations are significant for prospective Chicken Guy franchisees as they highlight the importance of maintaining financial stability. Failure to do so could result in the immediate loss of the franchise, representing a substantial risk. Franchisees should carefully consider their financial capabilities and business planning to avoid such circumstances. It is common practice in franchising for franchisors to include clauses that allow for termination in cases of franchisee insolvency to protect the brand and the network's financial health.