What is the initial term length of the Chocolate Fish Coffee franchise agreement?
Chocolate_Fish_Coffee Franchise · 2024 FDDAnswer 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 initial term of the franchise agreement is 10 years, commencing on the effective date as stated in Article 3.1. This means a franchisee will operate under the Chocolate Fish Coffee franchise system for a decade before needing to consider renewal.
However, Article 3.2 outlines the possibility of successor agreements, allowing franchisees to renew their agreement for an unlimited number of terms. To do so, the franchisee must notify Chocolate Fish Franchising of their election to renew between 90 and 180 days prior to the end of the current term. The franchisee must also be in compliance with the existing agreement and any other agreements with Chocolate Fish Franchising.
Additionally, Chocolate Fish Coffee may require renovations to meet current system standards as a condition of renewal. The franchisee will need to execute the then-current standard franchise agreement, which may include different fees, though they will not have to pay another initial franchise fee. Finally, the franchisee must execute a general release of claims against Chocolate Fish Franchising.