factual

What transition assistance will Punchh provide to Dq Treat in connection with the expiration or termination of the agreement?

Dq_Treat Franchise · 2025 FDD

Answer from 2025 FDD Document

such party fails to remedy the breach within such 30-day period.

  • terminate all Orders and Participation Agreements. Upon any termination or expiration of the Agreement: (a) all undisputed Fees for Services or Professional Services performed through the date of termination or expiration, which have not yet been previously paid, will become immediately due and payable; (b) upon early termination by Punchh or Customer, for reasons other than Customer's breach, Punchh will refund Customer or it's Franchisee(s) as applicable for any Platform Fees (as defined in the applicable Order Form) or Professional Services which have been prepaid but unused on a pro-rata basis based on the date of the termination of the applicable Services or Professional Services; (c) all rights and licenses granted to Customer and its Authorized Users hereunder will end; (d) Punchh may cease providing Services; (e) Customer will cease all access to and use of the Platform and Services; (f) each party will return to the other party or destroy (at the other party's option) all Confidential Information and other property of the other party in such party's possession or control; (g) all final reports are to be promptly provided to Customer.
  • 11.4 Survival. Sections 4.3, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 18 shall survive any expiration or termination of this Agreement.
  • 11.5 Transition Assistance. In connection with the expiration or termination of this Agreement or any Order hereunder for any reason, and notwithstanding any dispute between the Parties, Punchh will provide to Customer and Participating Locations transition assistance services for the Transition Assistance Period (as defined herein) or as otherwise agreed upon in writing between the Parties as follows:
    • applicable Requirements and Access. Punchh will provide to Customer any applicable requirements, training material, and other documentation relating to the Punchh Platform and Services as is generally available to other Punchh customers under this Agreement and the Punchh Platform, subject to Customer's confidentiality obligations herein (and if provided to any third party subject to an applicable confidentiality agreement), and answer all reasonable and pertinent verbal or written questions from Customer regarding the Punchh Platform and the Services on an "as needed" basis.
    • 11.5.ii. Development of Transition Assistance Plan. If requested by Customer, Punchh will assist Customer and/or a third-party service provider designated by Customer in developing a transition assistance plan, methodology and timeline.
    • 11.5.iii. Comparable Prices. Punchh will provide the Services during the Transition Assistance Period at prices no worse to Customer (and Participating Locations) than those for comparable Services prior to termination, or if comparable Services were not performed for Customer (or Participating Locations) prior to termination or expiration, then at prices no worse than the fair market value for such services.
    • 11.5.iv. Transition Assistance Services.

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 Franchise Disclosure Document, Punchh will provide transition assistance services to Dq Treat and its participating locations for a Transition Assistance Period of twelve months following the expiration or termination of the agreement. This assistance is provided regardless of any disputes between the parties. The Transition Assistance Services include both Services and Professional Services as agreed upon in a Transition Assistance Plan.

Specifically, Punchh will provide Dq Treat with applicable requirements, training material, and documentation relating to the Punchh Platform and Services, consistent with what is generally available to other Punchh customers. Punchh will also answer reasonable questions from Dq Treat regarding the Punchh Platform and Services on an as-needed basis. Upon request from Dq Treat, Punchh will assist in developing a transition assistance plan, methodology, and timeline, potentially involving a third-party service provider designated by Dq Treat.

During the Transition Assistance Period, Punchh will provide the Services at prices no worse than those previously offered to Dq Treat or its Participating Locations. If comparable services were not previously performed, the prices will be no worse than the fair market value for such services. Additionally, Punchh will provide additional Professional Services during this period, with the specific services and costs to be mutually agreed upon in a Statement of Work (SOW). These additional services may be paid for directly by Dq Treat or by each Participating Location, as mutually agreed. Punchh has an absolute and unconditional obligation to provide Dq Treat and Participating Locations with Transition Assistance Services, adhering to all requirements of the agreement unless modified by the mutually agreed upon Transition Assistance Plan.

Disclaimer: This information is extracted from the 2025 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.