How does Coffee News account for repurchased franchise rights?
Coffee_News Franchise · 2025 FDDAnswer from 2025 FDD Document
. In no event shall any monies _, 20, which is called the "maturity date." by time without penalty. | | month until he/she have paid all of the | | | described above that he/she may owe ur | |
The Debtor acknowledges and hereby agrees to grant Holder, with any and all the licensed rights to the territory that was granted to Debtor in the foregoing Coffee News Franchise Agreement, to secure the payment set forth in this Promissory Note and to secure the performance of all covenants and agreements contained herein. In the event of a failure to pay interest, principal or any other amount due on this Promissory Note in accordance with its terms, or of a breach of any other covenant, condition or agreement contained herein, remaining uncured for a period in excess of five (5) days (except that no grace period shall be permitted for a default under this Note or the foregoing Coffee News Franchise Agreement), or any breach in the covenants, conditions or agreements in any instrument given in connection with the Promissory Note and debt secured hereby, or if a proceeding in bankruptcy, receivership or insolvency shall be instituted by or against the undersigned, or if the foregoing Coffee News Franchise Agreement for which the parties have entered into this Promissory Note is terminated for any reason, then the entire debt secured hereby, together with all charges to which Holder would be entitled under the Promissory Note or by law if the Promissory Note were prepaid in full, shall be due and payable, Holder shall have the right to realize upon the security granted herein, and the payment and acceptance of any sum on account of this note shall not be considered a waiver of such right of election. The failure at any time of Holder to exercise this option shall not constitute a waiver of
the right to exercise the right at any other time. Upon realizing the security granted herein, Holder has the right and power to sell the Franchise that was granted to Debtor in the foregoing Coffee News Franchise Agreement.
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- If the Promissory Note is not paid when due and shall be placed by the Holder in the hands of any agent or attorney for collection through legal proceedings or otherwise, the undersigned shall pay to the Holder the costs and reasonable expenses of collection, including without limitation, reasonable attorney's fees.
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- This Schedule B and the Promissory Note contained herein shall be governed by and construed according to the laws of the State of Maine.
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- Nonperformance of either party shall be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts, orders or restrictions, or any other reason where failure to perform is beyond the control and not caused by the negligence of the non-conforming party.
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- The parties agree that neither party may assign or transfer any rights and obligations under this Schedule B, directly or indirectly except upon the prior written consent of the other party. Subject to the foregoing, this Schedule B shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns.
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Source: Item 23 — Receipts (FDD pages 36–118)
What This Means (2025 FDD)
Based on the 2025 Coffee News Franchise Disclosure Document, if a franchisee fails to meet their financial obligations or breaches the franchise agreement, Coffee News has the right to reclaim the franchise rights. Specifically, the franchisee grants Coffee News the licensed rights to the territory initially granted to the franchisee in the Coffee News Franchise Agreement. This serves as security for the franchisee's obligations under a Promissory Note. If the franchisee defaults, Coffee News, as the 'Holder,' can realize the security interest and sell the franchise rights that were initially granted to the franchisee.
This means that Coffee News can reacquire the rights to a franchise territory if the franchisee fails to meet the terms of their agreement, particularly concerning financial obligations. This is a significant protection for Coffee News, allowing them to maintain control over their brand and territories. It also allows Coffee News to resell the franchise to another franchisee.
Furthermore, the FDD states that franchisees cannot pledge or encumber their franchise agreement without Coffee News's express written approval. This approval is granted at Coffee News's sole discretion. Coffee News also has the authority to extend the term of the agreement to enable a purchaser of the franchise to obtain financing, again at Coffee News's discretion. This provision gives Coffee News significant control over the transfer and financing of its franchises.
All rights in the periodical other than those specifically granted to the franchisee are reserved by Coffee News for full use by it or its assignees, transferees, or licensees. This reinforces Coffee News's control over its intellectual property and brand, ensuring that it can reacquire and reuse franchise rights as needed.