factual

Must Cicis provide a written notice before terminating the agreement?

Cicis Franchise · 2025 FDD

Answer from 2025 FDD Document

We may terminate this Agreement, effective upon delivery of written notice to you, if:

    1. you (or any of your owners) have made or make any material misrepresentation or omission in the Application Materials;
    1. you fail to comply with the Development Schedule or fail to make progress in the development of Restaurants to indicate, in our determination, that you will not be able to satisfy your development obligations under this Agreement for the then-current Development Period;
    1. you (or any of your owners) make or attempt to make a Transfer without complying with the requirements of Section 5;
    1. you (or any of your owners) (a) fail to comply with three (3) or more of your or their obligations under this Agreement during any 12 consecutive month period or (b) on two (2) or more separate occasions within any six (6) consecutive month period fail to comply with the same obligation under this Agreement, in either case, whether or not we notify you of the failures, and, if we do notify you of the failures, whether or not you correct the failures after our delivery of notice to you;
    1. you (or any of your owners) file a petition in bankruptcy or a petition in bankruptcy is filed against you; you make an assignment for the benefit of creditors or admit in writing your insolvency or inability to pay your debts generally as they become due; you consent to the appointment of a receiver, trustee, or liquidator of all or the substantial part of your property; any of your or your Affiliates' Restaurants are attached, seized, subjected to a writ or distress warrant, or levied upon, unless the attachment, seizure, writ, warrant, or levy is vacated within 30 days; or any order appointing a receiver, trustee, or liquidator of your or your Affiliates' Restaurants are not vacated within 30 days following the order's entry;
    1. you (or any of your owners) fail to comply with anti-terrorism laws, ordinances, regulations and Executive Orders;
    1. you (or any of your owners) fail to comply with any other provision of this Agreement and do not correct the failure within 30 days after we deliver written notice of the failure to you;
    1. you or a Guarantor or an Affiliate fails to comply with any other agreement with us or our Affiliate, including any Franchise Agreement, unless the failure is timely and completely cured within any cure period provided under the applicable agreement); or
    1. you (or any of your owners) engage in any conduct which, in our opinion, adversely affects the reputation of Cicis Restaurants or the goodwill associated with the Marks.

Source: Item 23 — RECEIPTS (FDD pages 65–263)

What This Means (2025 FDD)

According to Cicis's 2025 Franchise Disclosure Document, Cicis may terminate the agreement with a franchisee, effective upon delivery of written notice, under certain conditions. These conditions include making any material misrepresentation or omission in the Application Materials, failing to comply with the Development Schedule, or attempting to make a Transfer without complying with the requirements of Section 5 of the agreement.

Additionally, Cicis can terminate the agreement if the franchisee fails to comply with three or more obligations under the agreement within a 12-month period, or on two or more separate occasions within a six-month period fails to comply with the same obligation. This applies whether or not Cicis notifies the franchisee of these failures and whether or not the franchisee corrects the failures after notice. Other reasons for termination include filing for bankruptcy, making an assignment for the benefit of creditors, failing to comply with anti-terrorism laws, or engaging in conduct that adversely affects the reputation of Cicis Restaurants.

Furthermore, if a franchisee fails to comply with any other provision of the agreement, Cicis will deliver a written notice of the failure, and the franchisee has 30 days to correct the failure. If the franchisee does not correct the failure within this period, Cicis may terminate the agreement. Similarly, if the franchisee fails to comply with any other agreement with Cicis or its affiliate, Cicis can terminate the agreement unless the failure is timely and completely cured within any cure period provided under the applicable agreement.

In certain situations, Cicis is required to provide a written notice and an opportunity to cure before terminating the agreement. However, in other situations, such as material misrepresentations or unauthorized transfers, Cicis can terminate the agreement immediately upon delivery of written notice.

Disclaimer: This information is extracted from the 2025 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.