Under the Circle K Branding Agreement, what is the duration of the initial 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").
-
- 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's term begins on the Effective Date, which is when TMC Franchise Corporation signs the agreement. The term then expires when the Circle K Franchise Agreement expires.
Upon the expiration of the initial term, the franchisee has the option to renew the Branding Agreement if they also elect to renew their Circle K Franchise Agreement. To renew the Branding Agreement, the franchisee must provide written notice to TMC at least six months before the expiration of the current term.
Additionally, the franchisee must meet Circle K's then-current requirements for new licensees and must have complied with all material terms and conditions of the Branding Agreement throughout its term. The franchisee must not be in default of the Branding Agreement or any other agreement with TMC or its affiliates. Finally, both TMC and the franchisee must execute a mutual release of all claims related to the Branding Agreement, unless such releases are prohibited by law.