factual

Does Schedule C for Coffee News define what constitutes 'reasonable expenses of collection'?

Coffee_News Franchise · 2025 FDD

Answer from 2025 FDD Document

    1. 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.

Source: Item 23 — Receipts (FDD pages 36–118)

What This Means (2025 FDD)

According to the 2025 Coffee News Franchise Disclosure Document, Schedule B, which is referenced in Exhibit A to Schedule B and/or Schedule C, addresses the costs and reasonable expenses of collection. Specifically, if a Promissory Note isn't paid when due and Coffee News places it with an agent or attorney for collection, the franchisee is responsible for covering these costs.

The FDD specifies that these costs include, but are not limited to, reasonable attorney's fees. However, it does not provide a comprehensive definition or a specific formula for determining what constitutes 'reasonable expenses of collection.' This lack of a precise definition could lead to ambiguity or disputes regarding the amount a franchisee might be required to pay in the event of collection proceedings.

Prospective Coffee News franchisees should seek clarification from the franchisor regarding the factors considered when determining 'reasonable expenses of collection.' Understanding how these expenses are calculated and what specific types of costs are included can help franchisees better assess their potential financial obligations and risks associated with the franchise agreement.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.