What constitutes a 'cure' of an alleged breach of the Closet Storage Concepts agreement?
Closet_Storage_Concepts Franchise · 2025 FDDAnswer from 2025 FDD Document
For purposes of this Agreement, Franchisee's alleged breach of this Agreement shall be deemed cured if both Franchisor and Franchisee agree in writing that the alleged breach has been corrected. Notice shall be either hand delivered or sent U.S. Mail, postage prepaid, certified mail, return receipt requested or sent by prepaid overnight courier.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2025 FDD)
According to Closet Storage Concepts's 2025 Franchise Disclosure Document, a franchisee's alleged breach of the Franchise Agreement is considered 'cured' if both Closet Storage Concepts and the franchisee agree in writing that the alleged breach has been corrected. This mutual agreement is essential for the breach to be officially recognized as resolved.
This requirement means that simply taking actions that the franchisee believes correct the breach is insufficient. Closet Storage Concepts must also formally acknowledge and agree that the actions have indeed resolved the issue. This stipulation protects both parties by ensuring that there is a clear, documented understanding that the breach is no longer ongoing.
The FDD also specifies how notices related to breaches and their cures should be delivered. Notices must be either hand-delivered or sent via U.S. Mail (postage prepaid, certified mail, return receipt requested) or sent by prepaid overnight courier. This ensures that both parties have proof of delivery and receipt of important communications regarding potential breaches and their resolution.