What happens to the TMC Software license if a Circle K Franchise Agreement terminates?
Circle_K Franchise · 2025 FDDAnswer from 2025 FDD Document
- 2.2.6 This Agreement will terminate immediately if the Franchise Agreement terminates or expires for any reason.
In addition, TMC may terminate this license upon notice for Franchisee's failure to comply with any of the terms and conditions of this Agreement.
Upon termination, Franchisee must immediately deliver to TMC the TMC Software, together with all copies, adaptations, and merged portions in any form.
Source: Item 22 — CONTRACTS (FDD page 100)
What This Means (2025 FDD)
According to Circle K's 2025 Franchise Disclosure Document, the TMC Software license agreement terminates immediately if the Franchise Agreement terminates or expires for any reason. Upon termination of the license, the franchisee must immediately deliver to TMC the TMC Software, along with all copies, adaptations, and merged portions in any form.
This means that if a Circle K franchisee's agreement ends, whether through expiration or termination, their right to use the TMC Software ceases immediately. They are then obligated to return all copies of the software and any related materials to TMC. This is a standard practice in franchising, as the software is proprietary and licensed for use only during the term of the franchise agreement.
Prospective franchisees should be aware that they will lose access to this essential software upon termination of their franchise agreement. This could impact their ability to operate a similar business independently afterward, as they would need to find and implement a new software system. It is important to understand the terms and conditions that could lead to termination of the franchise agreement to avoid unexpected loss of the software license.