factual

Does the Chocolate Fish Coffee franchise agreement require a renewal provision?

Chocolate_Fish_Coffee Franchise · 2024 FDD

Answer from 2024 FDD Document

ARTICLE 3. TERM

  • 3.1 Term. This Agreement commences on the Effective Date and continues for 10 years.
  • 3.2 Successor Agreement. When the term of this Agreement expires, Franchisee may enter into an unlimited number of successor agreements subject to the following conditions prior to each expiration:
    • (i) Franchisee notifies Chocolate Fish Franchising of the election to renew between 90 and 180 days prior to the end of the term;
    • (ii) Franchisee (and its affiliates) are in compliance with this Agreement and all other agreements with Chocolate Fish Franchising (or any of its affiliates) at the time of election and at the time of renewal;
    • (iii) Franchisee has made or agrees to make (within a period of time acceptable to Chocolate Fish Franchising) renovations and changes to the Business as Chocolate Fish Franchising requires (including a Remodel, if applicable) to conform to the then-current System Standards;
    • (iv) Franchisee and its Owners execute Chocolate Fish Franchising's then-current standard form of franchise agreement and related documents (including personal guaranty), which may be materially different than this form (including, without limitation, higher and/or different fees), except that Franchisee will not pay another initial franchise fee and will not receive more renewal or successor terms than described in this Section;
    • (v) Franchisee and each Owner executes a general release (on Chocolate Fish Franchising's then-standard form) of any and all claims against Chocolate Fish Franchising, its affiliates, and their respective owners, officers, directors, agents and employees.

Source: Item 23 — RECEIPTS (FDD pages 41–119)

What This Means (2024 FDD)

According to the 2024 Chocolate Fish Coffee Franchise Disclosure Document, the franchise agreement does not require a renewal. However, it allows for an unlimited number of successor agreements under certain conditions. The initial term of the agreement is 10 years, and franchisees have the option to pursue successor agreements.

To obtain a successor agreement, the franchisee must notify Chocolate Fish Coffee of their election to renew between 90 and 180 days before the end of the current term. The franchisee and its affiliates must be in full compliance with the existing agreement and any other agreements with Chocolate Fish Coffee at both the time of election and the time of renewal.

Additionally, franchisees must make any required renovations or changes to the business to meet the then-current system standards, and they must execute Chocolate Fish Coffee's current standard franchise agreement and related documents, which may have materially different terms, including potentially higher or different fees. Franchisees must also execute a general release of claims against Chocolate Fish Coffee and its affiliates. Importantly, franchisees will not pay another initial franchise fee and will not receive more renewal or successor terms than described in the agreement.

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.