Does Crawl Space Ninja provide notice before terminating the Franchise Agreement for non-curable defaults?
Crawl_Space_Ninja Franchise · 2024 FDDAnswer from 2024 FDD Document
| Provision | Franchise | Summary | |
|---|---|---|---|
| Agreement | |||
| h. | "Cause" defined – non-curable defaults | Sections 17.1 and 17.2 | The Franchise Agreement will terminate automatically, without notice for the following defaults: insolvency; bankruptcy; written admission of inability to pay debts; receivership; levy; composition with creditors; unsatisfied final judgment for more than 30 days; or foreclosure proceeding that is not dismissed within 30 days. |
| We may terminate the Franchise | |||
| Agreement upon notice to you if you: do not | |||
| open the Franchised Business within | |||
| required time frames; falsify any report to | |||
| us; cease operations for 5 days or more, | |||
| unless your vehicle is being | |||
| repaired/replaced; fail to restore and re | |||
| open the Franchised Business within 120 | |||
| days after a casualty; fail to comply with | |||
| applicable laws; default under any lease for | |||
| the premises; understate Gross Revenue | |||
| two (2) or more times; fail to comply with | |||
| insurance and indemnification | |||
| requirements; attempt a transfer in violation | |||
| of the Franchise Agreement; fail, or your | |||
| legal representative fails to transfer as | |||
| required upon your death or permanent | |||
| disability; misrepresent or omit a material | |||
| fact in applying for the Franchise; are | |||
| convicted or plead no contest to a felony or | |||
| crime that could damage the goodwill or | |||
| reputation of the Marks or the System; | |||
| receive an adverse judgment in any | |||
| proceeding involving allegations of fraud, | |||
| racketeering or improper trade practices or | |||
| similar claim that could damage the | |||
| goodwill or reputation of the Marks or the | |||
| System; conceal revenues or maintain false | |||
| books; create a threat or danger to public | |||
| health or safety; refuse an inspection or | |||
| audit by us; use the Marks, copyrighted | |||
| material or Confidential Information in an | |||
| unauthorized manner; make an | |||
| unauthorized disclosure of Confidential | |||
| Information; fail to comply with non | |||
| competition covenants; default in the | |||
| performance of your obligations three (3) or | |||
| more times during the term or receive two | |||
| (2) or more default notices in any 12-month | |||
| period; default under any other agreement | |||
| with us or our affiliate; have insufficient | |||
| funds to honor a check or EFT two (2) or | |||
| more times within any twelve (12)-month | |||
| period; fail to maintain Minimum | |||
| Performance Requirements in any single | |||
| year of operation; fail to maintain a | |||
| minimum four-star rating on Google | |||
| Reviews; or terminate the Franchise | |||
| Agreement without cause. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 36–41)
What This Means (2024 FDD)
According to the 2024 Crawl Space Ninja Franchise Disclosure Document, the Franchise Agreement will terminate automatically, without notice, for non-curable defaults. These defaults include events such as insolvency, bankruptcy, a written admission of inability to pay debts, receivership, levy, composition with creditors, an unsatisfied final judgment for more than 30 days, or a foreclosure proceeding that is not dismissed within 30 days.
Crawl Space Ninja can terminate the Franchise Agreement with notice if the franchisee does not open the Franchised Business within the required time frames, falsifies any report, ceases operations for 5 or more days (unless the vehicle is being repaired/replaced), fails to restore and re-open the Franchised Business within 120 days after a casualty, fails to comply with applicable laws, defaults under any lease for the premises, understates Gross Revenue two or more times, fails to comply with insurance and indemnification requirements, attempts an unauthorized transfer, or fails to transfer as required upon death or permanent disability.
Additional reasons for termination with notice include misrepresenting or omitting a material fact in applying for the franchise, conviction of a felony or crime that could damage goodwill, receiving an adverse judgment involving fraud or similar claims, concealing revenues or maintaining false books, creating a threat to public health or safety, refusing an inspection or audit, unauthorized use of Marks or Confidential Information, failure to comply with non-competition covenants, defaulting three or more times during the term or receiving two or more default notices in any 12-month period, defaulting under any other agreement with Crawl Space Ninja, having insufficient funds to honor a check or EFT two or more times within any twelve-month period, failing to maintain Minimum Performance Requirements in any single year of operation, failing to maintain a minimum four-star rating on Google Reviews, or terminating the Franchise Agreement without cause.
This means a Crawl Space Ninja franchisee needs to be aware of these potential non-curable defaults that could lead to immediate termination without any prior warning. It is important to maintain financial stability and operate the franchise in accordance with the agreement to avoid such defaults.