If Cinnaholic materially breaches the Development Agreement, how long does the developer have to provide written notice?
Cinnaholic Franchise · 2025 FDDAnswer from 2025 FDD Document
Developer may terminate this Agreement if Developer is in substantial compliance with this Agreement and Franchisor materially breaches this Agreement and fails to cure such material breach within 90 days after written notice thereof is delivered to Franchisor.
Notwithstanding the foregoing, if the breach is curable but is of a nature which cannot reasonably be cured within such 90 day period and Franchisor has commenced and is continuing to make good faith efforts to cure such breach, Franchisor shall be given an additional 60 day period to cure the same, and this Agreement shall not terminate.
Source: Item 23 — RECEIPT (FDD pages 62–269)
What This Means (2025 FDD)
According to Cinnaholic's 2025 Franchise Disclosure Document, if Cinnaholic materially breaches the Development Agreement, the developer must provide written notice of the breach. Cinnaholic then has 90 days to cure the breach after receiving the written notice.
However, if the breach is curable but cannot reasonably be cured within 90 days, and Cinnaholic has commenced and is continuing to make good faith efforts to cure the breach, Cinnaholic is granted an additional 60-day period to cure the breach. During this extended period, the Development Agreement will not be terminated.
It is important for prospective Cinnaholic developers to understand the conditions under which they can terminate the Development Agreement due to a breach by Cinnaholic, as well as the cure periods afforded to Cinnaholic. This ensures that developers are aware of their rights and obligations, and the process they must follow should they believe Cinnaholic has materially breached the agreement.