How much time does an Endless Summer Sweets franchisee have to cure non-compliance before a fee is assessed?

According to the 2024 Endless Summer Sweets FDD, a franchisee has 30 days to cure a violation of the Franchise Agreement after receiving written notice from the franchisee detailing the alleged default. If the franchisee does not cure the violation or make substantial progress toward curing it within this 30-day period, the franchisor can terminate the agreement. Termination by the franchisee is effective ten days after the franchisor receives written notice of termination.

This means that if Endless Summer Sweets believes the franchisor has violated a material term of the agreement, the franchisee must first provide written notice specifying the violation. The franchisor then has a 30-day window to either fix the problem completely or demonstrate significant steps towards resolving it. If neither of these occurs, the franchisee can then issue a final termination notice, which takes effect 10 days later.

It is important to note that this cure period applies specifically to termination by the franchisee due to the franchisor's violation. The FDD does not specify a cure period related to assessing fees. A prospective franchisee should clarify with Endless Summer Sweets under what circumstances fees might be assessed due to non-compliance and what cure periods, if any, apply in those situations.