What costs is a Dq Treat Participating Location responsible for reimbursing Acumera in the event of a breach of agreement?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
In the event of Participating Location's breach of the terms of this Agreement, including without limitation, failure to pay any sum due hereunder, in addition to other remedies and recoveries provided for hereunder (e.g., for early termination), Participating Location shall reimburse Acumera for all attorney's fees, court, collection and other costs incurred by Acumera in the enforcement of Acumera's rights hereunder and Acumera may keep any deposits or other payments made by Participating Location.
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 the 2025 Dq Treat FDD, a Participating Location is responsible for specific costs in the event of a breach of their agreement with Acumera. If the Participating Location violates the terms of the agreement, including failure to pay what is owed, they must reimburse Acumera for all attorney's fees, court, collection, and other costs incurred by Acumera to enforce its rights. Acumera also has the right to keep any deposits or other payments made by the Participating Location.
This means that if a Dq Treat franchisee fails to meet their financial obligations or otherwise breaches the agreement with Acumera, they could face significant additional expenses beyond the original debt. These expenses could include legal fees, court costs, and collection agency fees, which can quickly add up. The franchisee also risks losing any deposits or payments already made to Acumera.
It is important for prospective Dq Treat franchisees to carefully review the terms of their agreement with Acumera and understand their obligations. Franchisees should also ensure they have sufficient financial resources to meet their obligations and avoid breaching the agreement. Understanding these potential costs is crucial for franchisees to manage their finances effectively and avoid unexpected financial burdens.