What is the procedure for Face Foundrie to provide notice of termination to the Area Developer?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
- 6.4 Notice and Opportunity to Cure Other Defaults*.* Except as otherwise provided in Sections 6.1, 6.2 , and 6.3 above, if Area Developer fails to comply with any material term and condition of this Agreement, such action shall constitute a default under this Agreement and, upon the occurrence of any such default, Franchisor may terminate this Agreement by giving written notice of termination stating the nature of such default to Area Developer at least thirty (30) days prior to the effective date of termination; provided, however, that Area Developer may avoid termination by curing the default to Franchisor's satisfaction, and by promptly providing proof thereof to Franchisor within the 30-day period.
If any such default is not cured within the specified time, or such longer period as applicable law may require, this Agreement and all rights granted hereunder (including but not limited to, the right to develop new Franchised Facial Bars) will terminate without further notice to Area Developer effective immediately upon the expiration of the thirty (30) day period or such longer period as applicable law may require.
- 6.5 Franchisor's Other Options Upon Default*.* Franchisor, in its discretion, may elect, in lieu of terminating this Agreement, to use other remedial measures for Area Developer's breach of this Agreement, which include, but are not limited to: (i) loss of the limited exclusivity, or reduction in the scope of protections, granted to Area Developer under Section 1.2 herein for the Development Area; (ii) reduction in the scope of the Development Area; and/or (iii) reduction in the number of Franchised Facial Bars to be developed by Area Developer.
If Franchisor exercises said right, Franchisor shall not have waived its right to, in the case of future defaults, exercise all other rights and invoke all other provisions that are provided in law and/or set out under this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 74–257)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, the franchisor can terminate the Area Developer Agreement if the Area Developer fails to comply with any material term or condition. Face Foundrie must provide written notice of termination to the Area Developer at least thirty (30) days before the termination's effective date. The notice must state the nature of the default.
However, the Area Developer can avoid termination by curing the default to Face Foundrie's satisfaction and providing proof of the cure within the 30-day period. If the default is not cured within this timeframe, the agreement and all rights granted to the Area Developer, including the right to develop new Franchised Facial Bars, will terminate without further notice, effective immediately upon the expiration of the 30-day period, or any longer period required by applicable law.
Face Foundrie also has the option to use other remedial measures instead of terminating the agreement. These measures include loss of exclusivity, reduction in the scope of protections, reduction in the Development Area, or reduction in the number of Franchised Facial Bars to be developed. If Face Foundrie chooses to use these other measures, it does not waive its right to exercise all other rights and provisions in the case of future defaults.