What must a Crave Cookies franchisee do to 'cure' a breach to Crave Cookies Franchising's satisfaction?
Crave_Cookies Franchise · 2025 FDDAnswer from 2025 FDD Document
s Agreement if Franchisee does not make any payment to Crave Cookies Franchising when due, or if Franchisee does not have sufficient funds in its account when Crave Cookies Franchising attempts an electronic funds withdrawal, and Franchisee fails to cure such non-payment within 10 days after Crave Cookies Franchising gives notice to Franchisee of such breach.
- (c) Subject to 30-Day Cure Period. If Franchisee breaches this Agreement in any manner not described in subsection (a), (b) or (d), and Franchisee fails to cure such breach to Crave Cookies Franchising's satisfaction within 30 days after Crave Cookies Franchising gives
notice to Franchisee of such breach, then Crave Cookies Franchising may terminate this Agreement.
- (d) Without Cure Period. Crave Cookies Franchising may terminate this Agreement by giving notice to Franchisee, without opportunity to cure, if any of the following occur:
- (i) Franchisee misrepresented or omitted material facts when applying to be a franchisee, or breaches any representation in this Agreement;
- (ii) Franchisee knowingly submits any false report or knowingly provides any other false information to Crave Cookies Franchising;
- (iii) A receiver or trustee for the Business or all or substantially all of Franchisee's property is appointed by any court, or Franchisee makes a general assignment for the benefit of Franchisee's creditors, or Franchisee is unable to pay its debts as they become due, or a levy or execution is made against the Business, or an attachment or lien remains on the Business for 30 days unless the attachment or lien is being duly contested in good faith by Franchisee, or a petition in bankruptcy is filed by Franchisee, or such a petition is filed against or consented to by Franchisee and the petition is not dismissed within 45 days, or Franchisee is adjudicated as bankrupt;
- (iv) Franchisee fails to open for business by the date specified on the Summary Page;
- (v) Franchisee loses possession of the Location;
- (vi) Franchisee or any Owner commits a material violation of Section 7.2 (compliance with laws) or Section 13.1 (confidentiality), violates Section 13.2 (non-compete) or Article 15 (transfer), or commits any other violation of this Agreement which by its nature cannot be cured;
- (vii) Franchisee abandons or ceases operation of the Business for more than five consecutive days;
Source: Item 22 — CONTRACTS (FDD page 47)
What This Means (2025 FDD)
According to the 2025 Crave Cookies Franchise Disclosure Document, the steps a franchisee must take to 'cure' a breach depend on the nature of the breach itself. For specific violations like failing to comply with menu requirements or posing a significant danger to health or safety, the franchisee has a tight 24-hour window to correct the issue after receiving written notice. If the breach involves non-payment to Crave Cookies, the franchisee has a 10-day cure period after notice of the breach. For any other breaches not specifically mentioned, the franchisee is granted a 30-day period to resolve the issue to Crave Cookies's satisfaction after receiving notice.
However, some breaches allow Crave Cookies to terminate the agreement without any opportunity to cure the violation. These include misrepresenting or omitting material facts in the franchise application, submitting false reports, or if the franchisee or any owner is charged with or convicted of a felony. Similarly, if the franchisee's actions could negatively impact the Crave Cookies brand, or if the franchisee fails health inspection standards or inspections by Crave Cookies multiple times within a 36-month period, Crave Cookies can terminate the agreement immediately.
In practical terms, this means a Crave Cookies franchisee needs to be vigilant about compliance with all aspects of the franchise agreement. The cure periods vary significantly depending on the type of breach, and some breaches have no cure period at all. A franchisee should maintain open communication with Crave Cookies to understand their expectations and address any issues promptly to avoid potential termination of the franchise agreement. It is also important to note that 'curing' a breach requires doing so to Crave Cookies's satisfaction, which introduces a degree of subjectivity.