Is Cicis obligated to assume interim management of a Cicis restaurant after the death or disability of the franchisee?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
At our request, within a reasonable period of time not to exceed seven (7) days from the date of death or permanent disability, the executor, administrator, or other personal representative of the deceased or disabled person will provide for interim management of your Restaurant until such time as a transfer has been effected in accordance with the provisions of this Section 13.D.
Such interim management must be approved by us and must be conducted in accordance with the terms of this Agreement.
We may (but are not obligated to) assume such interim management of your Restaurant; provided that (i) our interim management of your Restaurant will not relieve you of your obligations under this Agreement; (ii) we will not be liable for any debts, losses, costs, or expenses incurred in the operation of your Restaurant during any such period of interim management; (iii) we will have the right to charge a reasonable fee for our management services, plus the direct out-of-pocket costs and expenses incurred in the operation of the Restaurant; and (iv) you will, and hereby do, indemnify and hold us harmless against any and all judgments, fines, losses, liabilities, costs, amounts paid in settlement, and reasonable expenses (including, but not limited to attorneys' fees) incurred in connection with our interim management of your Restaurant, except by reason of our gross negligence or willful misconduct.
Source: Item 22 — CONTRACTS (FDD pages 64–65)
What This Means (2025 FDD)
According to Cicis's 2025 Franchise Disclosure Document, Cicis is not obligated to assume interim management of a restaurant after the death or permanent disability of a franchisee or Managing Owner. However, the franchisee or their representative must promptly notify Cicis in writing of the death or permanent disability.
Within seven days of the death or disability, the deceased or disabled person's representative (executor, administrator, etc.) must arrange for interim management of the Cicis restaurant. This interim management is subject to Cicis's approval and must adhere to the terms of the Franchise Agreement.
Cicis has the option, but not the obligation, to assume interim management. If Cicis does take on interim management, the franchisee remains responsible for their obligations under the Franchise Agreement. Cicis will not be liable for any debts, losses, costs, or expenses incurred during their management. Cicis can also charge a reasonable fee for their services, covering both management and any direct out-of-pocket costs. The franchisee must also indemnify Cicis against any liabilities, except those resulting from Cicis's gross negligence or willful misconduct.