What constitutes a breach of agreement that could lead to termination of a Chocolate Bash franchise?
Chocolate_Bash Franchise · 2024 FDDAnswer from 2024 FDD Document
(xi) Franchisee has received two or more notices of default and Franchisee commits another breach of this Agreement, all in the same 12-month period;
(xii) CB Franchising (or any affiliate) terminates any other agreement with Franchisee (or any affiliate) due to the breach of such other agreement by Franchisee (or its affiliate) (provided that termination of a Multi-Unit Development Agreement with Franchisee or its affiliate shall not give CB Franchising the right to terminate this Agreement); or
(xiii) Franchisee or any Owner is accused by any governmental authority or third party of any act that in CB Franchising's opinion is reasonably likely to materially and unfavorably affect the Chocolate Bash brand, or is charged with, pleads guilty to, or is convicted of a felony.
Source: Item 22 — CONTRACTS (FDD pages 38–39)
What This Means (2024 FDD)
According to the 2024 Chocolate Bash Franchise Disclosure Document, there are several actions that constitute a breach of the franchise agreement, potentially leading to its termination. Specifically, if a franchisee receives two or more notices of default and then commits another breach of the agreement within a 12-month period, Chocolate Bash has grounds for termination.
Additionally, if CB Franchising (or any affiliate) terminates any other agreement with the franchisee (or any affiliate) due to a breach of that agreement by the franchisee (or its affiliate), this can also lead to the termination of the Chocolate Bash franchise agreement. However, the termination of a Multi-Unit Development Agreement with the franchisee or its affiliate does not give CB Franchising the right to terminate the franchise agreement.
Furthermore, the franchise agreement can be terminated if the franchisee or any owner is accused by a governmental authority or third party of any act that, in Chocolate Bash's opinion, is reasonably likely to materially and unfavorably affect the Chocolate Bash brand. This also applies if the franchisee or any owner is charged with, pleads guilty to, or is convicted of a felony. These terms outline the conditions under which Chocolate Bash can terminate the franchise agreement, highlighting the importance of compliance and adherence to the brand's standards and legal requirements to maintain the franchise.