How much time does Cinnaholic have to cure a material breach after receiving written notice from the franchisee?
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, if a franchisee believes Cinnaholic has materially breached the agreement, Cinnaholic has 90 days after receiving written notice to cure the breach.
However, if the breach is of a nature that it cannot reasonably be cured within 90 days, and Cinnaholic has started and continues to make good faith efforts to cure the breach, Cinnaholic is granted an additional 60 days to complete the cure.
This means that under certain circumstances, Cinnaholic could have up to 150 days to cure a material breach after receiving notice from the franchisee. This clause protects Cinnaholic from immediate termination if they are actively working to resolve a complex issue.