What information must be included in the notice of termination, cancellation, non-renewal, or substantial change in competitive circumstances provided to a Crisp & Green franchisee in Wisconsin?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
Section 135.04 of the Wisconsin Fair Dealership Law includes the requirement that, in certain circumstances, a franchisee receive 90 days' notice of termination, cancellation, non-renewal or substantial change in competitive circumstances. The notice shall state all the reasons for termination, cancellation, non-renewal or substantial change in competitive circumstances and shall provide that the franchisee has 60 days in which to rectify any claimed deficiency and shall supersede the requirements of the Franchise Agreement to the extent they may be inconsistent with the Law's requirements. If the deficiency is rectified within 60 days the notice shall be void. The above-notice provisions shall not apply if the reason for termination, cancellation or nonrenewal is insolvency, the occurrence of an assignment for the benefit of creditors or bankruptcy. If the reason for termination, cancellation, nonrenewal or substantial change in competitive circumstances is nonpayment of sums due under the Franchise Agreement, Franchisee shall be entitled to written notice of such default, and shall have 10 days in which to remedy such default from the date of delivery or posting of such notice.
Source: Item 23 — RECEIPTS (FDD pages 66–252)
What This Means (2024 FDD)
According to Crisp & Green's 2024 Franchise Disclosure Document, Wisconsin franchisees are entitled to specific protections under the Wisconsin Fair Dealership Law. In the event of termination, cancellation, non-renewal, or a substantial change in competitive circumstances, Crisp & Green must provide the franchisee with 90 days' notice. This advanced notice period allows the franchisee time to prepare for the change in their business relationship with the company.
The notice delivered to the Crisp & Green franchisee must include all the reasons for the planned action, whether it be termination, cancellation, non-renewal, or a substantial change in competitive circumstances. Furthermore, the notice must state that the franchisee has 60 days to rectify any claimed deficiency. If the franchisee successfully addresses the deficiency within this 60-day period, the notice becomes void, and the franchise relationship continues without interruption.
However, these notice provisions do not apply if the reason for termination, cancellation, or non-renewal is due to insolvency, assignment for the benefit of creditors, or bankruptcy. In cases of nonpayment of sums due under the Franchise Agreement, the Crisp & Green franchisee is entitled to written notice of the default and has 10 days to remedy the default from the date the notice is delivered or posted. These stipulations ensure that Wisconsin franchisees are afforded specific rights and a fair opportunity to address issues before facing termination or non-renewal, aligning with the protections provided by Wisconsin state law.