What are the conditions under which Extreme Art Studio may decide NOT to grant a successor franchise?
Extreme_Art_Studio Franchise · 2024 FDDAnswer from 2024 FDD Document
commences, in full compliance with this Franchise Agreement and all System Standards, you acknowledge that we need not grant you a successor franchise, whether or not we had, or chose to exercise, the right to terminate this Franchise Agreement during its term under Section 14.2.
13.2 GRANT OF A SUCCESSOR FRANCHISE.
- 13.2.1 You agree to give us written notice ("Your Notice") of your election to acquire a successor franchise no more than 12 months and no less than six months before this Franchise Agreement expires. We agree to give you written notice ("Our Notice") not more than three months after we receive your notice, of our decision:
- (a) to grant you a successor franchise;
- (b) to grant you a successor franchise on the condition that you correct existing deficiencies of the Franchised Business or in your operation of the Franchised Business;
- (c) not to grant you a successor franchise based on our determination that you and your owners have not substantially complied with this Franchise Agreement during its term or were not in full compliance with this Franchise Agreement and all System Standards on the date you gave us written notice of your election to acquire a successor franchise; or
- (d) not to grant you a successor franchise if we are no longer offering franchises for Extreme Art Studio Businesses.
13.2.2 If applicable, Our Notice will:
- (a) describe the improvements, technology upgrades, trade dress updates, and/or modifications required to bring the Operating Assets of the Franchised Business into compliance with then-applicable System Standards for new Extreme Art Studio Businesses; and
- (b) state the actions you must take to correct operating deficiencies and the time period in which you must correct these deficiencies.
- 13.2.3 If we elect not to grant you a successor franchise, Our Notice will describe the reasons for our decision.
Source: Item 22 — CONTRACTS (FDD page 49)
What This Means (2024 FDD)
According to Extreme Art Studio's 2024 Franchise Disclosure Document, there are several conditions under which they may elect not to grant a successor franchise. Extreme Art Studio will assess a franchisee's compliance with the existing Franchise Agreement and System Standards.
Specifically, Extreme Art Studio may choose not to grant a successor franchise if the franchisee and their owners have not substantially complied with the Franchise Agreement during its term, or if they are not in full compliance with the Franchise Agreement and all System Standards on the date they provide written notice of their intent to acquire a successor franchise. Additionally, Extreme Art Studio may refuse a successor franchise if they are no longer offering franchises for Extreme Art Studio Businesses.
Furthermore, if Extreme Art Studio notifies a franchisee that they must correct certain deficiencies in their business operations as a condition of receiving a successor franchise, Extreme Art Studio can deny the successor franchise if the franchisee fails to cure those deficiencies. However, Extreme Art Studio must provide written notice of this decision at least 90 days before the expiration of the Franchise Agreement, unless the decision is due to a breach of the Franchise Agreement within that 90-day period. Also, if a franchisee fails to notify Extreme Art Studio of their election to acquire a successor franchise within the time frame, Extreme Art Studio is not obligated to grant a successor franchise.