How many notices to cure can a Cool Binz franchisee receive before facing automatic termination?
Cool_Binz Franchise · 2025 FDDAnswer from 2025 FDD Document
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- You receive from us three (3) or more notices to cure the same or similar defaults or violations of this Agreement, within any two (2)-year period of time, regardless of whether these defaults were cured after notice was sent to you;
Source: Item 23 — RECEIPTS (FDD pages 63–238)
What This Means (2025 FDD)
According to Cool Binz's 2025 Franchise Disclosure Document, a franchisee can receive up to two notices to cure for similar defaults within a two-year period before Cool Binz has the right to terminate the franchise agreement. If a Cool Binz franchisee receives three or more notices to cure the same or similar defaults or violations of the agreement within a two-year timeframe, Cool Binz has the right to terminate the agreement immediately. This is regardless of whether the franchisee corrected the defaults after receiving the notices.
This policy means that Cool Binz franchisees must maintain consistent compliance with the franchise agreement to avoid multiple notices to cure. Franchisees should prioritize addressing any issues promptly to prevent repeated notices for similar violations. The two-year window for accumulating notices to cure creates an ongoing period of evaluation for compliance.
It is important to note that this termination clause is 'with notice,' meaning Cool Binz must inform the franchisee of the termination. However, the franchisee does not have an opportunity to cure the defaults that led to the termination. This differs from other termination clauses that allow a period to correct the issue before termination becomes effective. Franchisees should be aware of this strict policy and the potential for immediate termination after the third notice to cure within two years.