Does Schedule C for Coffee News address the situation where performance is difficult, but not impossible?
Coffee_News Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — Receipts (FDD pages 36–118)
What This Means (2025 FDD)
Based on the 2025 Coffee News Franchise Disclosure Document, Schedule B addresses situations where performance is rendered impossible. According to Schedule B, nonperformance by either party is excused if performance becomes impossible due to events beyond their control and not caused by their negligence. These events include strikes, fires, floods, governmental actions, orders, or restrictions, or any other reason beyond the non-conforming party's control.
This clause protects both Coffee News and the franchisee from being penalized for failing to meet their obligations due to unforeseen and uncontrollable circumstances. It ensures that neither party is held liable when external factors make it impossible to fulfill the terms of the agreement.
However, the FDD does not specifically address situations where performance is difficult but not impossible. A prospective franchisee should seek clarification from Coffee News regarding how such scenarios are handled. Understanding the criteria and procedures for addressing performance challenges that fall short of impossibility is crucial for managing expectations and mitigating potential disputes during the franchise term.