factual

Does the Creative World School lease specify that time is of the essence?

Creative_World_School Franchise · 2025 FDD

Answer from 2025 FDD Document

[Item 23: RECEIPTS]

16.3 Notice Given. Notice given in accordance with this Section shall be deemed to be given and received on the earlier of (i) three (3) days after being deposited in the U.S. mail in accordance with this Section; (ii) the next delivery day after being delivered for next day delivery to a nationally recognized overnight carrier; or (iii) the date upon which the return receipt is signed or delivery is refused or the notice is designated non-deliverable by the postal authorities.

SECTION 17 QUIET ENJOYMENT

Landlord warrants and covenants that Tenant shall peacefully and quietly have, hold and enjoy the leased premises for the entire term of this Lease, subject however to the terms, covenants and conditions of this Lease.

SECTION 18 RIGHTS OF FRANCHISOR

In the event Tenant assigns this Lease to a franchisee of Tenant, the following provisions shall apply following such assignment. For purposes of this Section 18, CREATIVE WORLD SCHOOL, INC. shall be referred to as "Franchisor."

  • (a) Assignment and Subletting. Landlord's consent shall not be necessary for an assignment or subletting (i) to Franchisor or (ii) to a person or entity which directly or indirectly controls, is controlled by or is under common control with Franchisor or (iii) to any other franchisee of Franchisor. Tenant or Franchisor shall give Landlord notice of any such assignment or subletting prior to such assignment or subletting.
  • (b) Default of Tenant. In the event a default occurs at any time during the term of the Lease, Landlord shall provide notice of such default to Franchisor by certified mail, return receipt requested or by nationally recognized overnight courier service to the following address:

SECTION 4 ALTERATIONS, ADDITIONS AND IMPROVEMENTS

  • 4.1 Alterations by Tenant. Tenant shall not make or cause to be made any structural alterations, additions or improvements to the leased premises without Landlord's prior written consent. Tenant may make non-structural alterations, additions and improvements without Landlord's prior consent. All alterations, additions and improvements shall be done in a good workmanlike manner. All alterations, additions or improvements excluding, however, Tenant's furniture, trade fixtures, equipment, and other personal property, shall become the property of the Landlord upon the expiration or termination of the Lease, except as Landlord may otherwise agree.
  • 4.2 Construction Liens. Landlord's interest in the leased premises is not subject to liens for improvements made by Tenant and Tenant shall have no power or authority to subject the leased premises or any portion thereof to any mechanics', construction or other liens. Tenant shall promptly pay all contractors, subcontractors, materialmen, and laborers so as to prevent any liens from attaching to the leased premises. If any lien is made or filed against the leased premises or any part thereof, arising out of any services, labor or material furnished or alleged to have been furnished to, for or on behalf of Tenant, Tenant shall, at Tenant's sole cost and expense, discharge or transfer such lien to a lien transfer bond or other security in accordance with the Florida Construction Lien Law, within thirty (30) days after written request by Landlord.

Source: Item 23 — RECEIPTS (FDD pages 80–247)

What This Means (2025 FDD)

Based on the 2025 Creative World School Franchise Disclosure Document, there is no mention of the phrase "time is of the essence" in the provided excerpts related to the lease agreement. However, the document does outline specific procedures and timelines regarding notices of default and the process for addressing construction liens.

Specifically, Section 16.3 details how notice is considered given and received, with timelines depending on the method of delivery (mail, overnight carrier, or signed receipt). Section 4.2 addresses construction liens, stating that the tenant must discharge or transfer any lien within thirty (30) days after written request by the landlord. While these sections establish deadlines for certain actions, they do not explicitly state that "time is of the essence" with regard to the entire lease agreement.

A prospective Creative World School franchisee should consult with a legal professional to fully understand their obligations and potential liabilities under the lease agreement. It would be prudent to ask the franchisor for a comprehensive sample lease agreement and to clarify whether any provisions, beyond those mentioned, carry the "time is of the essence" stipulation, which could have significant legal ramifications.

Disclaimer: This information is extracted from the 2025 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.