Does the Devon Creek Franchise Agreement define what constitutes 'good standing' for renewal purposes?

According to Devon Creek's 2024 Franchise Disclosure Document, a franchisee's ability to renew their franchise agreement is contingent upon being in 'good standing.' The franchise agreement lasts for a term of ten years from the date of execution. If a franchisee is in good standing, they have the option to renew for two additional five-year terms. However, Devon Creek retains the discretion to withdraw from the franchisee's territory, which would prevent renewal.

The FDD also outlines various conditions under which the Franchise Agreement can be terminated, which would presumably impact whether a franchisee is considered in 'good standing.' These include instances of insolvency, bankruptcy, failure to obtain necessary licenses, falsifying reports, failure to operate the business, non-compliance with laws, underreporting gross revenue, and failure to meet insurance requirements. Other causes for termination include attempting unauthorized transfers, misrepresentation during the application, criminal convictions, adverse judgments related to fraud, concealing revenues, creating public health risks, refusing inspections, unauthorized use of intellectual property, and failure to comply with non-competition agreements.

Furthermore, the agreement can be terminated if the franchisee defaults on their obligations multiple times, receives multiple default notices, defaults under other agreements with Devon Creek, has insufficient funds for payments, fails to meet minimum performance standards, or terminates the agreement without cause. These termination clauses provide insight into the types of behaviors and failures that Devon Creek considers to be in violation of the franchise agreement, and therefore, would likely prevent a franchisee from being in 'good standing' and eligible for renewal.