Under what circumstances related to training can the Cool Binz agreement be terminated?
Cool_Binz Franchise · 2025 FDDAnswer from 2025 FDD Document
rized transfer of this Agreement or the COOL BINZ Business in violation of any of the transfer provisions contained in Section 10 of this Agreement.
B. AUTOMATIC TERMINATION WITH NOTICE.
We have the right to terminate this Agreement, immediately, and without the opportunity to cure, effective upon delivery of written notice to you, or any of the following:
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- Your Managing Owner and, if applicable, Designated General Manager, fail to attend or successfully complete the Business Manager and Technical Operations Training within four (4) months of signing this Agreement and/or fulfill all the pretraining requirements, which include the payment of all monies due to us, and the completion of all the required tasks as designated on the COOL BINZ owners' intranet website and in the Operations Manual;
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- You fail to commence operation of the COOL BINZ Business within eight (8) months of signing this Agreement and/or two (2) months following your successful completion of the Business Manager and Technical Operations Training, whichever is later;
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- You have made or make any material misrepresentation or omission in purchasing the Franchise or operating the COOL BINZ Business;
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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;
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- You are or have been convicted by a trial court of, or plead no contest to a felony or any conviction rising to the equivalent of a felony and/or failure to disclose a prior felony conviction or conviction rising to the equivalent of a felony to us;
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- You understate your Royalty by three percent (3%) or more, in any reported financial statement, on three (3) or more occasions, during any consecutive two (2) year time frame during the term of this Agreement, regardless of whether or not you subsequently rectify the deficiency;
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- You engage in any dishonest or unethical conduct, which may adversely affect the reputation of the COOL BINZ Business, or the general goodwill associated with the Marks;
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- You violate any provision regarding confidentiality or non-disclosure contained in Sections 6 and 13 of this Agreement;
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- You cease to continuously and actively operate the Business for five (5) consecutive days, unless caused by an act of God, or other circumstance beyond your control, as determined by us; or the business telephone is disconnected at any time and no new number is immediately reinstalled or reconnected; or your conduct is otherwise determined by us to constitute an abandonment of the Business;
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- You fail to acquire or continuously maintain the required minimum levels of insurance, fail to have us, BELFOR USA Group Inc.
Source: Item 23 — RECEIPTS (FDD pages 63–238)
What This Means (2025 FDD)
According to Cool Binz's 2025 Franchise Disclosure Document, the franchise agreement can be terminated under specific training-related circumstances. The agreement can be terminated if the Managing Owner or Designated General Manager fails to attend or successfully complete the Business Manager and Technical Operations Training within four months of signing the agreement. This also includes fulfilling all pre-training requirements, such as paying all monies due to Cool Binz and completing all required tasks on the COOL BINZ owners' intranet website and in the Operations Manual.
Additionally, if a Designated General Manager terminates their employment, the franchisee has ten days to designate a successor for Cool Binz's approval. This successor must attend the next available Business Manager and Technical Operations Training. If the successor does not successfully complete the training, the franchisee can appoint one additional person as a successor. However, if this second successor also fails to complete the training, the franchise agreement is subject to termination. Cool Binz requires that at all times during the term of the agreement, the franchisee must employ someone who has completed the Business Manager and Technical Operations Training program.
Furthermore, Cool Binz requires the Managing Owner or Designated General Manager to attend the COOL BINZ convention every year it is offered. Failure to attend the convention without prior written permission results in a Convention Non-Attendance Fee of $1,000. They must also attend periodic refresher training courses and conferences, not exceeding one convention/conference per year, at times and locations determined by Cool Binz, for which fees may be charged. The franchisee is responsible for all travel and living expenses incurred while attending these sessions. These stipulations ensure Cool Binz franchisees and their staff remain up-to-date with operational standards and brand expectations.