Under what conditions can Deck Medic terminate the franchise agreement if the franchisee intentionally breaches the agreement?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
(j) Franchisee discloses, divulges, provides access to, communicates, and/or permits the communication of the contents, data and/or information contained in the Operations Manual to any third party not otherwise authorized by Franchisor;
(k) Franchisee discloses, divulges, provides access to, communicates, and/or permits the communication of Confidential Information to any third party not otherwise authorized by Franchisor;
(l) Franchisee engages in any activity that injures, harms, damages, or otherwise has a material adverse effect on Franchisor, the System, the Licensed Marks, Deck Medic Businesses, the Franchised Business, and/or the reputation of the Deck Medic brand;
(m) Franchisee, an Owner, and/or a Spouse, as applicable and whether individually or jointly,
breaches or is in default of an Ancillary Agreement, and, if the applicable agreement provides for the opportunity to cure, fails to timely cure the breach or default of the Ancillary Agreement, including, without limitation, the Franchise Owner and Spouse Agreement and Guaranty;
(n) Franchisee and/or an Owner of Franchisee is convicted of a felony crime, and/or pleads guilty or nolo contendere to a felony crime;
(o) Franchisee and/or an Owner of Franchisee engages in intentionally dishonest and/or unethical conduct that, in Franchisor's Reasonable Business Judgment, results in embarrassment to Franchisor, the System, the Licensed Marks, Deck Medic Businesses, the Franchised Business, and/or the reputation of the Deck Medic brand;
(p) Franchisee fails to complete, to Franchisor's reasonable satisfaction, the Training Program and/or supplemental training programs designated by Franchisor;
Source: Item 23 — RECEIPTS (FDD pages 43–228)
What This Means (2024 FDD)
According to Deck Medic's 2024 Franchise Disclosure Document, Deck Medic can terminate the franchise agreement if the franchisee intentionally breaches the agreement under certain conditions. These conditions include if the franchisee discloses the contents, data, or information contained in the Operations Manual or Confidential Information to any unauthorized third party.
Additionally, Deck Medic can terminate the agreement if the franchisee engages in any activity that injures, harms, damages, or otherwise has a material adverse effect on Deck Medic, the System, the Licensed Marks, Deck Medic Businesses, the Franchised Business, and/or the reputation of the Deck Medic brand. If the franchisee, an Owner, and/or a Spouse breaches or is in default of an Ancillary Agreement, including the Franchise Owner and Spouse Agreement and Guaranty, and fails to timely cure the breach or default if given the opportunity, Deck Medic can also terminate the agreement.
Further reasons for termination include if the franchisee and/or an Owner of Franchisee is convicted of a felony crime, and/or pleads guilty or nolo contendere to a felony crime, or if the franchisee and/or an Owner of Franchisee engages in intentionally dishonest and/or unethical conduct that, in Deck Medic's Reasonable Business Judgment, results in embarrassment to Deck Medic, the System, the Licensed Marks, Deck Medic Businesses, the Franchised Business, and/or the reputation of the Deck Medic brand. Finally, Deck Medic can terminate the agreement if the franchisee fails to complete, to Deck Medic's reasonable satisfaction, the Training Program and/or supplemental training programs designated by Deck Medic.