What is the duration of the Circle K Branding Agreement term?
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 Branding Agreement's term begins on the effective date and concludes when the Franchise Agreement expires. This means the Branding Agreement is tied directly to the length and any renewals of the underlying Circle K Franchise Agreement.
Upon the expiration of the initial term, the licensee has the option to renew the Branding Agreement, aligning with any renewal options elected under the Circle K Franchise Agreement. However, this renewal is contingent upon several conditions. The licensee must provide written notice to TMC Franchise Corporation at least six months before the term's expiration, meet TMC's current requirements for new licensees, comply with all material terms of the Branding Agreement, and not be in default of any agreements with TMC or its affiliates. Additionally, both parties must execute a mutual release of claims related to the Branding Agreement.
Failure to provide timely written notice is considered a rejection of the renewal option. TMC will not unreasonably withhold approval of a new license if all conditions are met. This ensures that franchisees who maintain good standing and meet the necessary requirements have the opportunity to continue using the Circle K branding.