What transition assistance will Punchh provide to Dq Treat franchisees upon expiration or termination of the agreement?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
At Customer's request, Punchh will provide additional Professional Services during the Transition Assistance Period, which services and the cost, if any, shall be mutually agreed upon by the Parties in a SOW.
Such additional Professional Services provided in conjunction with the Transition Assistance Services may be paid directly by Customer or by each Participating Location (as mutually agreed).
11.5.v. Absolute Obligation. Punchh agrees that it has an absolute and unconditional obligation to provide Customer (and Participating Locations) with Transition Assistance Services, and unless part of the mutually agreed upon Transition Assistance Plan, both Parties agree to continue to adhere to all requirements of this Agreement.
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, Punchh will provide transition assistance services to the customer and participating locations for a Transition Assistance Period of twelve months for the orderly transition of services to the customer or another supplier, beginning upon the expiration or termination of the agreement. This is irrespective of any disputes between the parties. Punchh defines "Participating Location" as any franchised location within the Dairy Queen® franchise system that has signed the relevant Participation Agreement. Transition Assistance Services include Services and Professional Services provided to Customer and Participating Locations under the Transition Assistance Plan that is mutually agreed upon by the Parties
Specifically, Punchh will provide 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 the customer's confidentiality obligations. Punchh will also answer all reasonable and pertinent verbal or written questions from the customer regarding the Punchh Platform and the Services on an "as needed" basis.
If requested by the customer, Punchh will assist the customer and/or a third-party service provider designated by the customer in developing a transition assistance plan, methodology, and timeline. Punchh will provide the Services during the Transition Assistance Period at prices no worse to the customer (and Participating Locations) than those for comparable Services prior to termination, or if comparable Services were not performed for the customer (or Participating Locations) prior to termination or expiration, then at prices no worse than the fair market value for such services.
At the customer's request, Punchh will provide additional Professional Services during the Transition Assistance Period, which services and the cost, if any, shall be mutually agreed upon by the Parties in a SOW. Punchh agrees that it has an absolute and unconditional obligation to provide Customer (and Participating Locations) with Transition Assistance Services, and unless part of the mutually agreed upon Transition Assistance Plan, both Parties agree to continue to adhere to all requirements of this Agreement.