Under what conditions related to bankruptcy or insolvency would a Cool Binz franchise agreement be affected?
Cool_Binz Franchise · 2025 FDDAnswer from 2025 FDD Document
A. AUTOMATIC TERMINATION WITHOUT NOTICE.
This Agreement will automatically terminate without notice or an opportunity to cure upon the occurrence of any of the following:
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- If you make an assignment for the benefit of creditors, file a voluntary petition in bankruptcy, are adjudicated bankrupt or insolvent, file or acquiesce in the filing of a petition seeking reorganization or arrangement under any federal or state bankruptcy or insolvency law, or consent to or acquiesce in the appointment of a trustee or receiver for you or the COOL BINZ Business.
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- If proceedings are commenced to have you adjudicated bankrupt or to seek your reorganization under any state or federal bankruptcy or insolvency law, and such proceedings are not dismissed within 60 days, or a trustee or receiver is appointed
for you or the COOL BINZ Business without your consent, and the appointment is not vacated within 60 days.
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 automatically terminated without notice if certain bankruptcy or insolvency-related events occur. Specifically, the agreement terminates if the franchisee makes an assignment for the benefit of creditors, files a voluntary bankruptcy petition, is adjudicated bankrupt or insolvent, files or acquiesces in a petition seeking reorganization under bankruptcy or insolvency law, or consents to the appointment of a trustee or receiver.
The Cool Binz franchise agreement will also automatically terminate if proceedings are initiated to have the franchisee adjudicated bankrupt or to seek reorganization under bankruptcy or insolvency law, and these proceedings are not dismissed within 60 days. Similarly, the agreement terminates if a trustee or receiver is appointed for the franchisee or the Cool Binz business without the franchisee's consent, and the appointment is not vacated within 60 days.
These terms are fairly standard in franchising, as franchisors need to protect their brand and system from the instability and potential damage that can arise from a franchisee's financial distress. A prospective Cool Binz franchisee should understand these conditions and ensure they have a solid financial plan to avoid such circumstances, as any of these events would lead to an immediate loss of the franchise.