What action is Dq Treat required to take to notify Acumera of termination?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
- 13.1. Master Termination. If Dairy Queen terminates the Master Agreement for an uncured material Breach of Contract, this Agreement will terminate immediately and no further fees will be due for Products or Services under this Agreement. Acumera may, at Acumera's option and expense, require Participating Location to return Products supplied under this Agreement. Termination shall not relieve Participating Location of the obligation to pay any Fees accrued or payable to Acumera prior to the effective date of termination. Should Participating Location elect to continue to use Acumera's Services past the date of termination of the Master Agreement, the portions of this Agreement which do not concern duties of Dairy Queen will remain in full force and effect, and Participating Location is responsible for all fees incurred as long as Services are being used. In no case will this Agreement extend beyond the Initial Term, if the Master Agreement has been terminated prior to the end of the Initial Term, or beyond the end of the current Renewal Term, if the Master Agreement has been terminated after the end of the Initial Term.
Source: Item 17 — The following paragraph is added to the end of Item 17 of the Disclosure Document: (FDD pages 70–378)
What This Means (2025 FDD)
According to Dq Treat's 2025 Franchise Disclosure Document, Dq Treat itself is not directly involved in the agreement between the franchisee (Participating Location) and Acumera. However, Dq Treat's actions can indirectly trigger termination. Specifically, if Dairy Queen terminates the Master Agreement with Acumera for an uncured material breach of contract, the agreement between the franchisee and Acumera will terminate immediately.
In such a case, no further fees will be due for products or services under the agreement between the franchisee and Acumera. Acumera may, at its option and expense, require the franchisee to return products supplied under the agreement. However, the franchisee remains obligated to pay any fees accrued or payable to Acumera prior to the termination date.
If the franchisee continues to use Acumera's services after the Master Agreement's termination, the portions of the agreement not concerning Dq Treat's duties will remain in effect, and the franchisee is responsible for all incurred fees as long as the services are used. The agreement will not extend beyond the initial term or current renewal term if the Master Agreement is terminated before the end of those periods.