Under what conditions can Dq Treat's PARPay Terms be terminated for a material breach?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
- 2. MUTUAL TERMINATION FOR MATERIAL BREACH. Except as otherwise provided herein, if either Participating Location or PAR is in breach of any material term of these PARPay Terms, the other party may terminate these PARPay Terms at the end of a written 30-day notice/cure period, if the breach has not been cured.
- i. Actions upon Termination for Material Breach**.**
- a. Upon any termination as provided in D.2. above by Participating Location, PAR must refund any prepaid and unused PARPay Service Fees under these PARPay Terms through the date of termination.
- i. Actions upon Termination for Material Breach**.**
- b. Upon any termination as provided in D.2 above by PAR, Participating Location must pay any unpaid and owed PARPay Service Fees under these PARPay Terms through the date of termination.
The PARPay Services will also be terminated.
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, the PARPay Terms can be terminated for a material breach if either the Participating Location (franchisee) or PAR (the service provider) fails to comply with a significant term of the PARPay Terms agreement. The party not in breach has the right to terminate the agreement. However, this right to terminate is not immediate.
Before termination can occur, the party intending to terminate must provide written notice to the breaching party, allowing a 30-day period to cure the breach. If the breach is successfully resolved within this 30-day cure period, the PARPay Terms will not be terminated. However, if the breaching party fails to rectify the material breach within the 30-day notice/cure period, the other party can then proceed to terminate the PARPay Terms.
If the Participating Location terminates the PARPay Terms due to PAR's material breach, PAR must refund any prepaid and unused PARPay Service Fees through the date of termination. Conversely, if PAR terminates the PARPay Terms due to the Participating Location's material breach, the Participating Location must pay any unpaid and owed PARPay Service Fees through the date of termination. In either scenario, the PARPay Services will be terminated.