Does the Crown Gold Exchange franchise agreement allow for non-renewal upon expiration?
Crown_Gold_Exchange Franchise · 2024 FDDAnswer from 2024 FDD Document
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ARTICLE 3. TERM
- 3.1 Term. This Agreement commences on the Effective Date and continues for 10 years.
- 3.2 Successor Agreement. When the term of this Agreement expires, Franchisee may enter into a successor agreement subject to the following conditions prior to each expiration:
- (i) Franchisee notifies Crown Gold Franchising of the election to renew between 90 and 180 days prior to the end of the term;
- (ii) Franchisee (and its affiliates) are in compliance with this Agreement and all other agreements with Crown Gold Franchising (or any of its affiliates) at the time of election and at the time of renewal;
- (iii) Franchisee has made or agrees to make (within a period of time acceptable to Crown Gold Franchising) renovations and changes to the Business as Crown Gold Franchising requires (including a Remodel, if applicable) to conform to the thencurrent System Standards;
- (iv) Franchisee and its Owners execute Crown Gold Franchising's then-current standard form of franchise agreement and related documents (including personal guaranty), which may be materially different than this form (including, without limitation, higher and/or different fees), except that Franchisee will not pay another initial franchise fee and will not receive more renewal or successor terms than described in this Section;
- (v) Franchisee and each Owner executes a general release (on Crown Gold Franchising's then-standard form) of any and all claims against Crown Gold Franchising, its affiliates, and their respective owners, officers, directors, agents and employees.
ARTICLE 4. FEES
- 4.1 Initial Franchise Fee. Upon signing this Agreement, Franchisee shall pay an initial franchise fee in the amount stated on the Summary Page. This initial franchise fee is not refundable.
- 4.2 Royalty Fee. Franchisee shall pay Crown Gold Franchising a monthly royalty fee (the "Royalty Fee") equal $1,000 per month. The Royalty Fee for any given month is due by the 5th day of the following month
- 4.3 Replacement / Additional Training Fee. If Franchisee sends an employee to Crown Gold Franchising's training program after opening, Crown Gold Franchising may charge its then-current training fee. As of the date of this Agreement, the training fee is $250 per day.
- 4.4 Non-Compliance Fee. Crown Gold Franchising may charge Franchisee $500 for any instance of non-compliance with the System Standards or this Agreement (other than Franchisee's non-payment of a fee owed to Crown Gold Franchising) which Franchisee fails to cure after 30 days' notice.
Source: Item 22 — CONTRACTS (FDD pages 38–39)
What This Means (2024 FDD)
According to Crown Gold Exchange's 2024 Franchise Disclosure Document, the franchise agreement has an initial term of 10 years. Upon expiration of the initial term, a franchisee has the option to seek a successor agreement. To obtain a successor agreement, the franchisee must notify Crown Gold Exchange of their election to renew between 90 and 180 days prior to the end of the term. The franchisee must also be in compliance with the existing agreement and any other agreements with Crown Gold Exchange at the time of election and renewal.
Additionally, Crown Gold Exchange may require franchisees to make renovations and changes to the business to conform to the then-current system standards. The franchisee must also execute Crown Gold Exchange's then-current standard form of franchise agreement and related documents, which may contain materially different terms and fees, although the franchisee will not pay another initial franchise fee. Finally, the franchisee must execute a general release of any and all claims against Crown Gold Exchange.
However, Crown Gold Exchange also has a "Holdover" clause. According to section 18.10, if a franchisee continues to operate the business after the expiration of the term without a renewal agreement, Crown Gold Exchange can take two actions. First, Crown Gold Exchange can require the franchisee to cease operating the business immediately and comply with all post-closing obligations. Second, Crown Gold Exchange can bind the franchisee to a renewal term of 5 years, with the franchisee deemed to have made a general release of liability. This holdover clause gives Crown Gold Exchange the option to force a 5-year renewal on the franchisee.