What events are considered force majeure under the Cinnabon Service Level Agreement?
Cinnabon Franchise · 2025 FDDAnswer from 2025 FDD Document
ther with the predecessors, successors, heirs and assigns of each of the foregoing (individually, collectively and in any combination, the "Releasing Parties"), release and forever discharge the Released Parties of and from all manner of actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, agreements, controversies, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law, admiralty or equity, whether known or unknown, that the Releasing Parties, ever had, now have, or that the Releasing Parties hereafter can or may have for, on or by reason of any matter, cause or thing whatsoever, arising prior to and including the Effective Date. This release shall not apply to any claims arising from representations made in the FDD (including its exhibits) that we delivered to you or your representative.
- 20.4 Force Majeure. A "Force Majeure" is any occurrence, event, or condition beyond your or our reasonable control that is not reasonably foreseeable and cannot be reasonably avoided, which may include an (a) act of God, terrorism, war, insurrection, civil commotion, chemical or nuclear contamination, strike, epidemic, pandemic, or embargo; (b) lack of water, materials, or power specified or reasonably necessary for the operation of your Franchised Business or our business; (c) fire, hurricane, tornado, earthquake, flood, or other unavoidable property casualty; or (d) act or order by a governmental authority (not limited to or caused by the party asserting the Force Majeure) that prevent or materially hinder or delay either party from providing services under this Agreement.
Source: Item 23 — Receipts (FDD pages 114–399)
What This Means (2025 FDD)
According to Cinnabon's 2025 Franchise Disclosure Document, a Force Majeure event includes occurrences beyond reasonable control that are not foreseeable or avoidable. These events may encompass acts of God, terrorism, war, insurrection, civil commotion, chemical or nuclear contamination, strikes, epidemics, pandemics, or embargoes. Additionally, a lack of essential resources like water, materials, or power necessary for operating the Cinnabon franchised business can be considered a Force Majeure event.
Other events that could be classified as Force Majeure include unavoidable property casualties such as fire, hurricane, tornado, earthquake, or flood. Furthermore, any act or order by a governmental authority that prevents or significantly hinders either party from fulfilling their service obligations under the agreement may also be considered a Force Majeure event.
It is important to note that economic hardship, changes in market conditions, or insufficiency of funds are explicitly excluded from being considered Force Majeure events under the Cinnabon Service Level Agreement. If a Force Majeure event occurs, the affected party must promptly provide written notice to the other party and will be relieved of their obligations to the extent that performance is necessarily prevented, hindered, or delayed. However, this relief does not extend to payment obligations, obligations existing prior to the event, obligations arising after the event, or other obligations not directly affected by the Force Majeure.