How long does the Circle K agreement last, and what agreement is its term dependent on?
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").
-
- 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).
-
- 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 has a term that begins on the effective date and expires when the Franchise Agreement expires. The duration of the Branding Agreement is therefore dependent on the term of the Circle K Franchise Agreement.
Upon expiration of the initial term, the Licensee has the option to renew the Branding Agreement, consistent with any renewal option elected under the Circle K Franchise Agreement. To renew, the Licensee must provide written notice to TMC at least six months before the expiration of the current term. The Licensee must also meet Circle K's then-current requirements for new licensees, comply with all material terms of the Branding Agreement, and not be in default of any agreement with TMC or its affiliates. Additionally, both TMC and the Licensee must execute a mutual release of all claims related to the Branding Agreement.
This means that a Circle K franchisee's ability to continue using the Circle K brand is directly tied to their compliance with the Franchise Agreement and their eligibility for renewal under its terms. Failing to meet the renewal conditions of the Franchise Agreement would also prevent the renewal of the Branding Agreement, effectively ending the franchisee's right to operate under the Circle K brand.