On what page of the Face Foundrie franchise agreement can I find information about renewal rights?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 22: CONTRACTS]
15. RENEWAL RIGHTS.
15.01 Right To Acquire a Successor Franchise. Franchisee has the right, subject to the conditions contained in this Section 15, to acquire a successor franchise for the Facial Bar for one (1) additional ten (10) year term on the terms and conditions of the then-current form of franchise agreement for Face Foundrié Facial Bars, if upon expiration of the applicable Term: (a) Franchisee and its Owners and Affiliates are in compliance with this Agreement and any other agreements with Franchisor or any of its Affiliates, and Franchisee and its Owners have been in substantial compliance with this Agreement throughout the Term; (b) Franchisor has not notified Franchisee of its decision that any federal or applicable state legislation, regulation or rule, which is enacted, promulgated or amended after the date hereof, may have an adverse effect on Franchisor's rights, remedies or discretion in franchising Face Foundrié Facial Bars such that it creates an
unreasonable or overly burdensome requirement on Franchisor's ability to continue to offer franchises in such location; and (c) the following additional conditions have been met: (i) Franchisee maintains the right to possession of the Premises for the term of the successor franchise agreement; (ii) Franchisee maintains all permits and licenses necessary to operate the Facial Bar; (iii) Franchisee is current in all obligations to Franchisor and its Affiliates, and System lessors, vendors and suppliers; and (iv) if required by Franchisor, Franchisee enters into an agreement with Franchisor whereby Franchisee agrees within a specified time period (not to exceed six (6) months), to send required personnel, at Franchisee's expense, to such training programs established and required by Franchisor. Upon the exercise of the right to acquire a successor franchise, Franchisee shall pay to Franchisor at the time of renewal a renewal fee equal to 25% of the then current initial franchise fee.
[Item 22: CONTRACTS]
- 15.02 Notices. Franchisee must give Franchisor written notice of its desire to acquire a successor franchise not less than six (6) months nor more than nine (9) months prior to the expiration of this Agreement. Notwithstanding any notice or communication of Franchisor to Franchisee that Franchisee has the right to acquire a successor franchise for the Facial Bar, Franchisee's right will be subject to its continued compliance with all the provisions of this Agreement up to the date of its expiration. The written notice must include a plan to Franchisor outlining the Refurbishments that Franchisee plans to undertake prior to the expiration of this Agreement. Each such plan must be approved by Franchisor prior to Franchisee commencing any Refurbishments.
- 15.03 Agreements. If Franchisee has the right to acquire a successor franchise in accordance with Section 15.01 and states its desire to exercise that right in accordance with Section 15.02, Franchisor and Franchisee (and its Owners) will execute the form of franchise agreement (which may contain provisions, including royalty fees, materially different from those contained herein) and all ancillary agreements (including, personal guarantees by Franchisee's Owners on such terms as Franchisor determines to be appropriate) which Franchisor then customarily uses in granting franchises for the operation of Face Foundrié Facial Bars (collectively, the "New Agreements"), and Franchisee and its Owners must execute general releases, in form and substance satisfactory to Franchisor, of any and all claims against Franchisor, and its Affiliates, officers, directors, managers, employees, agents, successors and assigns. Failure by Franchisee (and its Owners) to sign such agreements and releases within thirty (30) days after delivery to Franchisee shall be deemed an election by Franchisee not to acquire a successor franchise for the Facial Bar.
- 15.04 Expiration. Any successor franchise shall be conditioned upon the satisfaction of the conditions set forth above in this Section. Upon the expiration of the Term, any renewal term will be governed by the New Agreements. If Franchisee fails to meet any of the conditions set forth this section 15, the franchise granted to Franchisee hereunder shall automatically expire at the end of the Term.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, Section 15 of Item 22 (Contracts) within the franchise agreement details the franchisee's renewal rights. Specifically, Section 15.01 outlines the right to acquire a successor franchise for an additional ten-year term, contingent upon certain conditions. These conditions include compliance with the existing agreement, adherence to legislation and regulations, and maintaining necessary permits and licenses.
To exercise the renewal option, Section 15.02 states that the franchisee must provide written notice to Face Foundrie between six and nine months before the agreement's expiration. This notice must include a plan for any refurbishments the franchisee intends to undertake. The franchisee's right to renew is contingent on continued compliance with the agreement's provisions up to the expiration date.
Section 15.03 specifies that if the franchisee is eligible for renewal and has expressed their desire to renew, both parties must execute the then-current form of franchise agreement and ancillary agreements. These new agreements may contain terms, including royalty fees, that differ materially from the original agreement. The franchisee and their owners must also sign general releases of claims against Face Foundrie. Failure to sign these agreements and releases within 30 days is considered an election not to renew the franchise.
Finally, Section 15.04 states that any successor franchise is conditional upon meeting the requirements outlined in Section 15. If the franchisee fails to meet these conditions, the franchise will automatically expire at the end of the term. Upon renewal, the new agreements will govern the terms of the franchise.