What is the cure period for a material breach of the Face Foundrie franchise agreement by the franchisor?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
- 14.01 Termination by Franchisee. Franchisee may terminate this Agreement if Franchisee is in substantial compliance with this Agreement and Franchisor materially breaches this Agreement and fails to cure such material breach within ninety (90) days after written notice thereof is delivered to Franchisor.
Notwithstanding the foregoing, if the breach is curable but is of a nature that cannot reasonably be cured within such ninety (90) day period and Franchisor has commenced and is continuing to make good faith efforts to cure such breach, Franchisor shall be given an additional sixty (60) day period to cure the same, and this Agreement shall not terminate.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, if Face Foundrie materially breaches the franchise agreement, the franchisee must provide written notice to Face Foundrie of the breach. Face Foundrie then has ninety (90) days to cure the material breach.
However, if the breach is curable but cannot reasonably be cured within the initial 90-day period, and Face Foundrie has started and continues to make good faith efforts to cure the breach, Face Foundrie is granted an additional sixty (60) days to complete the cure. This extended cure period provides Face Foundrie with a total of 150 days to rectify the breach, assuming they are actively working towards a resolution.
This clause protects the franchisee by providing a defined timeframe for Face Foundrie to address and resolve any material breaches of the franchise agreement. It also ensures that Face Foundrie is given adequate time to cure complex issues, provided they demonstrate a commitment to resolving the breach. Franchisees should monitor Face Foundrie's efforts to cure the breach and maintain clear communication throughout the cure period.