What events trigger the notification requirement for a Clean Your Dirty Face franchisee?
Clean_Your_Dirty_Face Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Default.
Notwithstanding anything in the Lease to the contrary, a default under the Lease shall constitute a default under the Franchise Agreement.
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- Third-Party Beneficiary.
For so long as Franchisor holds a collateral assignment of the Lease, Franchisor is a third-party beneficiary of the Lease, including, without limitation, this Rider, and as a result thereof, shall have all rights (but not the obligation) to enforce the same.
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- Franchisor Right to Enter. Landlord acknowledges that, under the Franchise Agreement, Franchisor or its appointee has the right to assume the management and operation of the Tenant's business, on Tenant's behalf, under certain circumstances (to-wit: Tenant's abandonment, Tenant's failure to timely cure its default of the Franchise Agreement, and while Franchisor evaluates its right to purchase the location).
Landlord agrees that Franchisor or its appointee may enter on the Premises for purposes of assuming the management and operation of Tenant's location as provided in the Franchise Agreement and, if it chooses to do so, it will do so in the name of the Tenant and without assuming any direct liability under the Lease.
Further, on the expiration or earlier termination of this Lease or the Franchise Agreement, Franchisor or its designee may enter
on the Premises for the purpose of removing all signs and other material bearing the "Clean Your Dirty Face®" names or trademarks, service marks or other commercial symbols of Franchisor.
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- Amendments. Tenant agrees that the Lease may not be terminated, modified or amended without Franchisor's prior written consent, nor shall Landlord accept surrender of the Premises without Franchisor's prior written consent. Tenant agrees to promptly provide Franchisor with copies of all proposed modifications or amendments and true and correct copies of the signed modifications and amendments.
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- Copy of Lease. Landlord agrees to provide Franchisor with a copy of the fully-executed Lease within ten (10) days of its full execution by Landlord and Tenant to the address shown in paragraph 8 above.
Source: Item 22 — CONTRACTS (FDD page 54)
What This Means (2025 FDD)
According to the 2025 Clean Your Dirty Face Franchise Disclosure Document, a default under the lease for the premises of the Clean Your Dirty Face facial bar constitutes a default under the Franchise Agreement. This means that if a franchisee fails to meet their obligations as outlined in their lease agreement, such as failing to pay rent or maintain the property, it automatically triggers a default under the separate Franchise Agreement with Clean Your Dirty Face.
Additionally, the landlord must provide Clean Your Dirty Face with a copy of the fully-executed lease within ten days of its full execution by both the landlord and the tenant (the franchisee). Furthermore, the franchisee (tenant) must promptly provide Clean Your Dirty Face with copies of all proposed modifications or amendments to the lease, as well as true and correct copies of the signed modifications and amendments.
Clean Your Dirty Face also has the right to enter the premises to remove signs and materials bearing the Clean Your Dirty Face trademarks upon the expiration or earlier termination of the lease or the Franchise Agreement. This provision ensures Clean Your Dirty Face can protect its brand and image by removing its branding from a location that is no longer operating under its franchise agreement.
These notification requirements and rights of entry are designed to protect Clean Your Dirty Face's interests and ensure compliance with the franchise agreement, as well as maintain brand consistency and control over locations operating under the Clean Your Dirty Face name.