What is the cure period for defaults other than non-payment under the Crepe De Licious franchise agreement?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
Except as otherwise provided in Sections 6.1, 6.2, and 6.3 above, if Area Developer fails to comply with any material term and condition of this Agreement, such action shall constitute a default under this Agreement and, upon the occurrence of any such default, Franchisor may terminate this Agreement by giving written notice of termination (in the manner set forth under Section 10 hereof) stating the nature of such default to Area Developer at least thirty (30) days prior to the effective date of termination; provided, however, that Area Developer may avoid termination by curing the default to Franchisor's satisfaction, and by promptly providing proof thereof to Franchisor within the 30-day period.
If any such default is not cured within the specified time, or such longer period as applicable law may require, this Agreement and all rights granted hereunder (including but not limited to, the right to develop new Franchised Restaurant) will terminate without further notice to Area Developer effective immediately upon the expiration of the thirty (30) day period or such longer period as applicable law may require.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to the 2025 Crepe De Licious Franchise Disclosure Document, if an Area Developer fails to comply with any material term or condition of the Area Development Agreement (excluding specific sections 6.1, 6.2, and 6.3), it constitutes a default. Crepe De Licious can terminate the agreement by providing written notice at least thirty (30) days before the termination date, specifying the nature of the default.
However, the Area Developer can avoid termination by curing the default to Crepe De Licious's satisfaction and providing proof within the 30-day period. If the default remains uncured within this timeframe, or any longer period required by applicable law, the Area Development Agreement and all associated rights, including the right to develop new franchised restaurants, will terminate immediately upon the expiration of the 30-day period or the extended period required by law, without further notice.
This means that if a Crepe De Licious Area Developer violates the terms of their agreement (other than those specified in sections 6.1, 6.2, and 6.3), they typically have 30 days to correct the issue after receiving written notice from Crepe De Licious. Failure to remedy the default within this period can result in the termination of the agreement and loss of development rights.