If Cinnaholic materially breaches the franchise agreement, how long does the franchisee have to provide written notice of the breach?
Cinnaholic Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee may terminate this Agreement if Franchisee 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 with 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 22 — CONTRACTS (FDD pages 61–62)
What This Means (2025 FDD)
According to Cinnaholic's 2025 Franchise Disclosure Document, a franchisee may terminate the franchise agreement if they are in substantial compliance with the agreement and Cinnaholic materially breaches the agreement. To do so, the franchisee must provide Cinnaholic with written notice of the breach.
Cinnaholic then has 90 days after receiving the written notice to cure the breach. If the breach is of a nature that it cannot reasonably be cured within 90 days, but Cinnaholic has commenced and is continuing to make good faith efforts to cure the breach, Cinnaholic is granted an additional 60 days to cure the breach. If Cinnaholic fails to cure the breach within the initial 90-day period (or the extended 150-day period, if applicable), the franchisee may then terminate the agreement.
This means that a Cinnaholic franchisee must provide written notice to Cinnaholic of a material breach to initiate the termination process. However, the franchisee can only terminate the agreement if Cinnaholic fails to fix the breach within the specified time frame, which could be up to 150 days if an extension is granted for good faith efforts to cure the breach.