Under what conditions will the franchisor of Christian Brothers Automotive notify the franchisee of a default?
Christian_Brothers_Automotive Franchise · 2025 FDDAnswer from 2025 FDD Document
eement (Ver 04-14-2025)
Franchisee: ___________
Franchisor: Christian Brothers Automotive Corporation
nature incapable of being cured, this Agreement may be immediately terminated by
Franchisor.
14.02 Termination Without Right to Cure. Notwithstanding anything to the contrary contained
herein, Franchisee understands and agrees that the occurrence of any of the following
events, circumstances, or courses of conduct constitutes a material default under this
Agreement, and Franchisor will have the right, but not the obligation, to immediately
terminate this Agreement without giving any notice or opportunity to cure to the
Franchisee, except as specifically provided in the respective subsection:
(a) Franchisee or the Franchised Business is declared bankrupt or becomes insolvent;
or all or a substantial part of the assets thereof are assigned to or for the benefit of
any creditor; or Franchisee admits its inability to pay its debts as they become due;
or a petition in bankruptcy is filed against Franchisee which is not immediately
contested or which is not dismissed within 120 days from its filing.
(b) Franchisee fails to operate the business for five (5) consecutive days during which
the Franchisee is required to operate the business under the terms of this
Agreement.
(c) Franchisee fails to meet any Minimum Performance Requirement set forth in
Section 10.17 of this Agreement.
(d) Franchisor and the Franchisee agree in writing to terminate the Agreement.
(e) Franchisee makes any material misrepresentation relating to the acquisition of the
Franchised Business or engages in conduct which, in the exercise of Franchisor's
sole and exclusive business judgment, reflects materially and unfavorably upon the
Franchise Agreement (Ver 04-14-2025)
Franchisee: ___________
Franchisor: Christian Brothers Automotive Corporation
operation and reputation of the Franchised Business, Franchisor's reputation, the
Marks, the System, services and/or products.
(f) Franchisee knowingly makes a material misrepresentation relating to the operation
of the Franchised Business, knowingly maintains false books or records, or
knowingly submits any false statements or reports to Franchisor, including, without
limitation, any statement which knowingly results in a miscalculation of the Split
Profits.
(g) The Principal Operator accepts, receives, uses, distributes or misappropriates funds,
equipment, business assets or other resources to himself or herself personally, or
any other person, that were generated by, related to, or derived from the
Franchisee's operations. This does not include distributions of Split Profits made
in accordance with Section 4.05 herein.
Source: Item 23 — RECEIPTS (FDD pages 76–372)
What This Means (2025 FDD)
According to the 2025 Christian Brothers Automotive Franchise Disclosure Document, there are specific conditions under which the franchisee may or may not receive notice of default. Christian Brothers Automotive will provide an opportunity for the franchisee to improve performance and cure the default if the franchisee fails to comply with the Minimum Performance Requirement as outlined in Section 4 of the agreement. However, if the franchisee fails to comply with Section 4, the agreement will automatically terminate without further notice.
Christian Brothers Automotive can immediately terminate the agreement without notice or an opportunity to cure if certain events occur. These events include the franchisee declaring bankruptcy or becoming insolvent, failing to operate the business for five consecutive days, failing to meet any Minimum Performance Requirement set forth in Section 10.17 of the agreement, the franchisee making any material misrepresentation relating to the acquisition of the Franchised Business, or engaging in conduct that reflects unfavorably upon the operation and reputation of the Franchised Business, Christian Brothers Automotive's reputation, the Marks, the System, services and/or products.
Additionally, if applicable law or regulation limits Christian Brothers Automotive's rights of rescission or termination or requires longer notice periods, the agreement will be amended to conform to the minimum notice periods or restrictions required by such laws and regulations. However, Christian Brothers Automotive is not precluded from contesting the validity, enforceability, or application of such laws or regulations in any action relating to the agreement or its termination.