factual

What happens if a Cool Binz franchisee defaults on a loan from Cool Binz or its preferred lender?

Cool_Binz Franchise · 2025 FDD

Answer from 2025 FDD Document

to cover a check or EFT payment to us three (3) or more times within any 12-month period or you fail to achieve minimum sales for three (3) consecutive months.

C. TERMINATION IF NOT CURED.

We have the right to terminate this Agreement if any of the following defaults remains uncured after your receipt of a default notice from us, and if such defaults are not cured. Unless otherwise specified below, all defaults must be cured within thirty (30) days of our delivery of the default notice:

    1. You fail to make payment of any amounts due to us, our affiliates, or our affiliates' franchisees, or funds are not available in your account for debiting when they are due, and such deficiency is not cured within five (5) days, or you do not record in the COOL BINZ Software funds paid to you for jobs completed within 48 hours of their receipt, or you default on any loan made to you by us or our preferred lender, if applicable, in connection with your COOL BINZ Business;
    1. You fail to have in your employ for a period of two (2) consecutive months a Designated General Manager, if you are required to have one.
    1. You fail, within 15 days after notification of non-compliance by federal, state or local government authorities to comply with any law or regulation applicable to the COOL BINZ Business;
    1. You fail to comply with any part or condition, warranty, or certification requirement in this Agreement, the COOL BINZ owners' intranet website, Operations Manual and/or other COOL BINZ confidential materials;
    1. You fail to comply with modifications to System Standards on the COOL BINZ owners' intranet website, or in the Operations Manual within the required time period;
    1. You fail to make payments on the vehicle resulting in repossession and you do not have a vehicle that meets our standards to operate the Business;
    1. You fail to receive our prior written approval and use products or materials that do not meet our System Standards and/or do not promptly discontinue use after written notice from us;
    1. You fail to timely provide us with any report, statement, or return required by this Agreement;
    1. You fail to service all Customers in a manner consistent with our System Standards and reputation and you fail to cure such inconsistency;
    1. You market or advertise in a COOL BINZ Affiliates' Territory without permission;
    1. You establish an office location outside of your Territory without our prior written consent;

Source: Item 23 — RECEIPTS (FDD pages 63–238)

What This Means (2025 FDD)

According to Cool Binz's 2025 Franchise Disclosure Document, if a franchisee defaults on a loan from Cool Binz or its preferred lender, Cool Binz has the right to terminate the Franchise Agreement, provided the default remains uncured after the franchisee receives a default notice. The franchisee typically has thirty (30) days to cure the default after receiving the notice; however, in the case of loan default, the franchisee only has five (5) days to cure the deficiency.

In addition to Cool Binz's right to terminate the agreement, Cool Binz has other rights if the franchisee fails to cure the default within the applicable time period. Cool Binz can charge a Non-Compliance Fee, reduce the size of the franchisee's territory, or allow other franchisees or Company Stores to operate within the franchisee's territory. Cool Binz also has the right to enter the franchisee's business premises and take control of operations until the default is cured.

If Cool Binz takes over operations, the franchisee must pay a reasonable management fee and reimburse Cool Binz for all reasonable costs and overhead, including personnel costs, travel, and lodging, plus a 20% service charge. This fee is in addition to the royalty and all other fees due under the Franchise Agreement. The franchisee also agrees to indemnify and hold Cool Binz harmless from any claims arising out of Cool Binz's operation of the business. These terms are typical in franchise agreements to protect the franchisor's investment and brand reputation.

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.