Must a Desi District franchisee execute a new franchise agreement upon renewal?
Desi_District Franchise · 2024 FDDAnswer from 2024 FDD Document
- 3.2 Successor Agreement. When the term of this Agreement expires, Franchisee may enter into a successor agreement for up to 3 additional periods of 5 years each, subject to the following conditions prior to each expiration:
- (i) Franchisee notifies Desi District Franchise Group 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 Desi District Franchise Group (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 Desi District Franchise Group) renovations and changes to the Business as Desi District Franchise Group requires (including a Remodel, if applicable) to conform to the then-current System Standards;
- (iv) Franchisee and its Owners execute Desi District Franchise Group'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 Desi District Franchise Group's then-standard form) of any and all claims against Desi District Franchise Group, its affiliates, and their respective owners, officers, directors, agents and employees.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2024 FDD)
According to the 2024 Desi District Franchise Disclosure Document, a franchisee must execute the then-current standard form of franchise agreement to renew their franchise. The initial franchise agreement with Desi District is for a term of 10 years. A franchisee can enter into a successor agreement for up to 3 additional periods of 5 years each.
To renew, the franchisee must notify Desi District Franchise Group between 90 and 180 days before the end of the current term. The franchisee must also be in compliance with the existing agreement and any other agreements with Desi District or its affiliates at both the time of election and the time of renewal.
Additionally, franchisees must make any required renovations or changes to the business to meet the then-current system standards. The franchisee and its owners must execute Desi District's current standard franchise agreement and related documents, including a personal guaranty, which may differ materially from the original agreement, potentially including higher or different fees. However, the franchisee will not pay another initial franchise fee and will not receive more renewal or successor terms than described in the agreement. Finally, the franchisee and each owner must execute a general release of any and all claims against Desi District, its affiliates, and their respective owners, officers, directors, agents, and employees.