factual

What is the cure period for a Desi District franchisee's violation of the franchise agreement (other than a non-curable default)?

Desi_District Franchise · 2024 FDD

Answer from 2024 FDD Document

Provision Section in franchise or other agreement Summary
e. Termination by Not Applicable
franchisor without cause
f. Termination by franchisor with cause FA: § 14.2 MUDA: § 4 We may terminate your agreement for cause, subject to any applicable notice and cure opportunity. If you sign a Multi-Unit Development Agreement, termination of your MUDA does not give us the right to terminate your franchise agreement. However, if your franchise agreement is terminated, we have the right to terminate your MUDA.
g. "Cause" defined curable defaults FA: § 14.2 MUDA: none Non-payment by you (10 days to cure); violate franchise agreement other than non-curable default (30 days to cure); operate in a manner dangerous to health or safety (48 hours to cure).
h. "Cause" definednon curable defaults FA: § 14.2 MUDA: § 4 FA: Misrepresentation when applying to be a franchisee; knowingly submitting false information; bankruptcy; lose possession of your location; violation of law; violation of confidentiality; violation of non-compete; violation of transfer restrictions; slander or libel of us; refusal to cooperate with our business inspection; cease operations for more than 5 consecutive days; three defaults in 12 months; cross-termination;

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 44–48)

What This Means (2024 FDD)

According to Desi District's 2024 Franchise Disclosure Document, a franchisee has 30 days to cure a violation of the franchise agreement, unless it is a non-curable default. The cure period begins after Desi District provides notice of the violation.

There are some exceptions to this 30-day cure period. If the violation involves non-payment, the franchisee only has 10 days to cure. If the violation involves operating the franchise in a manner dangerous to health or safety, the franchisee has just 48 hours to cure the issue.

Non-curable defaults include misrepresentation when applying to be a franchisee, knowingly submitting false information, bankruptcy, losing possession of the location, violating a law, violating confidentiality or non-compete agreements, slandering or libeling Desi District, refusing to cooperate with business inspections, ceasing operations for more than 5 consecutive days, having three defaults in 12 months, cross-termination, being charged with or convicted of a felony, or any other breach of the franchise agreement that cannot be cured.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.