factual

Does Crawl Space Ninja provide notice before terminating the Franchise Agreement for non-curable defaults?

Crawl_Space_Ninja Franchise · 2024 FDD

Answer 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.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.