Under what circumstances will a failure of performance of the Dq Treat agreement not be considered a breach?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
- **13.5.
Termination for Change in Service**.
In the event Acumera provides Participating Location with written notice pursuant to section 23 herein that it is no longer able to provide a material aspect of its Services, including but not limited to the Data Breach Financial Protection Program located at www.Acumera.com/DBFP, and Acumera is unable to provide suitable alternative Services within thirty (30) days of notice of same, Participating Location shall within thirty (30) days of the date of such notice have the right to terminate this Agreement without penalty or early termination charge.
In the event of such termination, Participating Location shall provide notice of termination to Acumera pursuant to section 23 herein.
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, a failure of performance will not be considered a breach of the agreement if Acumera, a service provider, is no longer able to provide a material aspect of its services, including the Data Breach Financial Protection Program. This is contingent on Acumera providing written notice to the Dq Treat franchisee (Participating Location) and being unable to provide suitable alternative services within 30 days of the notice.
In this situation, the Dq Treat franchisee has the right to terminate the agreement without penalty or early termination charges. To do so, the franchisee must provide notice of termination to Acumera within 30 days of Acumera's notice that it can no longer provide a material aspect of its services.
This clause protects the Dq Treat franchisee from being penalized for terminating the agreement if a critical service component becomes unavailable through no fault of their own. It also provides a defined timeframe for Acumera to rectify the situation by offering alternative services. This is a fairly standard protection for franchisees, ensuring they are not locked into an agreement when key services are no longer provided.