If a Dryer Vent Squad franchisee is deemed insolvent, is this a curable or non-curable default?
Dryer_Vent_Squad Franchise · 2024 FDDAnswer from 2024 FDD Document
erwise disclosed in Exhibit I to this Disclosure | | | | Document. |
| h. "Cause" defined-non-curable defaults | 16.A.(1), 16.A.(2) | The following are defaults that cannot be cured: three or more instances where you commit a curable default, whether or not you timely cured such default in each instance; you intentionally and knowingly refuse to comply with the terms of the Franchise Agreement, and/or the standards specifications, and/or requirements set forth in the operations manual and/or as communicated to you by us from time to time; you intentionally, knowingly, or negligently operate the Franchised Business in violation of applicable laws, rules, and regulations and, in doing so, create a foreseeable, imminent, and/or immediate threat to the health and safety of others; you abandon the Franchised Business; you or your Owners intentionally made a material statement or omission in questionnaires submitted to us; the data, information, and/or records that you record and/or submit to us are intentionally misleading or false; you transfer or attempt to transfer the Franchised Business or the ownership interests in your franchise company without our approval; you disclose or permit the disclosure of information contained in the operations manual and/or of confidential information; you or your Owners engage in intentionally dishonest or unethical conduct that impacts our System; you and/or your Owners breach and, if such breach is capable of a cure, fail to timely cure another agreement with us, including the Owner Agreement and Individual Guaranty; you and your Owners and managers fail to complete, to our satisfaction, our initial and on-going training programs; you fail to notify us of the misuse of confidential information and you fail to protect same; you misappropriate or misuse the Licensed Marks; you are deemed insolvent, make an assignment for the benefit of creditors, admit in writing your inability to pay debts; are adjudicated bankrupt, file a voluntary bankruptcy petition or have one filed against you, and/or you acquiesce to the appointment of a trustee or receiver, or a court orders one; execution is levied against the Franchised Business; a final judgment is entered against the Franchised Business and is not satisfied within 30 days; you are dissolved; a lawsuit or action is commenced against the Franchised Business to foreclose on a lien on equipment of the Franchised Business and such action is not dismissed after 60 days; real or personal property used by the Franchised Business is sold or levied by a sheriff or other law enforcement officer; and/or you abandon or fail to continuously own and operate the Franchised Business. |
|---|---|---|
| i. | 6, 17 | You must: pay all sums that you owe to us under the Franchise |
| Franchisee's obligations on | Agreement and all other agreements with us; cease owning and | |
| termination/non-renewal | operating the Franchised Business; cease representing yourself as a |
accuracy of this information.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 41–45)
What This Means (2024 FDD)
According to Dryer Vent Squad's 2024 Franchise Disclosure Document, if a franchisee is deemed insolvent, it constitutes a non-curable default. This means that the franchisee cannot take any action to reverse or fix the default.
Specifically, the FDD lists being "deemed insolvent" as one of several conditions that cannot be cured. Other non-curable defaults include making an assignment for the benefit of creditors, admitting in writing the inability to pay debts, being adjudicated bankrupt, filing a voluntary bankruptcy petition or having one filed against you, and/or acquiescing to the appointment of a trustee or receiver, or a court orders one.
This has significant implications for a Dryer Vent Squad franchisee. If any of these insolvency-related events occur, Dryer Vent Squad has grounds to terminate the franchise agreement, and the franchisee would not have an opportunity to rectify the situation. This underscores the importance of maintaining financial stability and managing debt responsibly as a Dryer Vent Squad franchisee.