What agreement's term length dictates the term length of the Circle K agreement?
Circle_K Franchise · 2025 FDDAnswer from 2025 FDD Document
uted as of the Effective Date indicated below.
| FRANCHISOR: TMC Franchise Corporation | DEBTOR: | |
|---|---|---|
| Print Name: | Print Name: | |
| Title: | Title: | |
| Effective Date: | Date: |
EXHIBIT H
Circle K Branding Agreement
CIRCLE K BRANDING AGREEMENT (SINGLE SITE)
This CIRCLE K® Branding Agreement – Single Site (the "Agreement") is entered into by and between TMC Franchise Corporation ("TMC") and ________________ ("Licensee"), effective as of the date TMC signs below (the "Effective Date").
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- Duration. This Agreement will be for a term (the "Term") that begins on the Effective Date and expires upon the expiration of the Franchise Agreement (as defined below).
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- Conditions to Renew. Upon expiration of the Term, Licensee will have the option to renew its rights under this Agreement consistent with any renewal option Licensee elects under the terms of its CIRCLE K Franchise Agreement ("Franchise Agreement") governing the Premises (as defined below) (the "Renewal Term") provided Licensee has complied with all of the following conditions:
- (A) Licensee has given TMC written notice of its request for a new license at least six (6) months prior to the expiration of the Term. Licensee's failure to timely provide written notice to TMC will be deemed a rejection of the option to renew or operate pursuant to a new license.
Source: Item 23 — RECEIPTS (FDD pages 100–359)
What This Means (2025 FDD)
According to the 2025 Circle K Franchise Disclosure Document, the Circle K Branding Agreement's term length is tied to the Franchise Agreement. The Branding Agreement's term begins on the effective date and expires when the Franchise Agreement expires. This means the duration of the Franchise Agreement directly dictates how long the Branding Agreement remains in effect.
Upon the Franchise Agreement's expiration, the Circle K licensee has the option to renew the Branding Agreement, aligning with any renewal option elected under the Franchise Agreement. To exercise this renewal option, the licensee must provide written notice to TMC Franchise Corporation at least six months before the expiration of the current term. Failure to provide timely notice is considered a rejection of the renewal option.
To successfully renew the Branding Agreement, the Circle K licensee must meet several conditions. These include meeting TMC's current requirements for new licensees, complying with all material terms of the Branding Agreement, and not being in default of any agreements with TMC or its affiliates. Additionally, both TMC and the licensee must execute a mutual release of all claims related to the Branding Agreement, subject to any incomplete performance or continuing obligations, unless such releases are prohibited by law.