How much time does a Deka Lash franchisee have to cure a breach after receiving a 'Notice to Cure'?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
- (j) The franchisee fails to pay any franchise fees or other amounts due to the franchisor or its affiliate within five days after receiving written notice that such fees are overdue; or
- (k) The franchisor makes a reasonable determination that continued operation of the franchise by the franchisee will result in an imminent danger to public health or safety.
- 10.3 Termination by Us with Opportunity to Cure. We may terminate this Agreement, after sending you notice and a 60 day opportunity to cure, for any other breach of this Agreement.
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
According to the 2024 Deka Lash Franchise Disclosure Document, a franchisee typically has 60 days to cure a breach of the Franchise Agreement after receiving notice. However, this standard cure period does not apply to all situations.
Specifically, if a Deka Lash franchisee fails to pay any franchise fees or other amounts due to the franchisor or its affiliate, the franchisee only has five days after receiving written notice that such fees are overdue to make the payment and avoid termination. Additionally, the franchisor can terminate the agreement without any opportunity to cure if the franchisee ceases to actively engage in development activities, becomes insolvent, is convicted of a felony, or if continued operation of the franchise by the franchisee will result in an imminent danger to public health or safety.
It is important for a prospective Deka Lash franchisee to understand the specific conditions under which they would be granted a cure period and the length of that period, as failure to remedy a breach within the allotted time can lead to immediate termination of the franchise agreement. Franchisees should also be aware of the circumstances that allow Deka Lash to terminate the agreement without offering an opportunity to cure the breach.