What is the procedure for Face Foundrie to provide notice of termination to an Area Developer?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
erty, or any part thereof, is appointed by any court of competent jurisdiction;
- 6.1.4 proceedings for a composition with creditors under any state or federal law should be instituted by or against Area Developer;
- 6.1.5 final judgment remains unsatisfied or of record for thirty (30) days or longer (unless supersedeas bond is filed); if Area Developer is dissolved;
- 6.1.6 execution is levied against any asset of Area Developer or Area Developer's Franchised Facial Bars;
- 6.1.7 suit to foreclose any lien or mortgage against any asset of Area Developer or Area Developer's Franchised Facial Bars is instituted against Area Developer and not dismissed within thirty (30) days; or
- 6.1.8 any asset of Area Developer's or any Franchised Facial Bar of Area Developer's shall be sold after levy thereupon by any sheriff, marshal, or constable.
- 6.2 Termination Upon Notice*.* Area Developer shall be deemed to be in default and Franchisor may, at its option, terminate this Agreement and all rights granted hereunder or take any of the actions described in Section 6.5 below, without affording Area Developer any opportunity to cure the default, effective immediately upon the provision of notice to Area Developer (in the manner provided under Section 10 hereof), upon the occurrence of any of the following events of default:
- 6.2.1 If the Franchise Agreement for any Franchised Facial Bar operated by Area Developer (or an entity affiliated with Area Developer) is terminated.
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 Development Agreement with immediate effect by providing notice to the Area Developer under Section 10 of the agreement. This immediate termination without an opportunity to cure applies under specific default scenarios. These scenarios include the termination of a Franchise Agreement for any Face Foundrie Facial Bar operated by the Area Developer or an affiliated entity. It also applies if the Area Developer or any principal is convicted of a felony or any crime that Face Foundrie believes could negatively impact the brand. Further, if the Area Developer attempts to transfer rights or assets against the agreement terms, or if a Facial Bar is abandoned for a specified period, Face Foundrie can terminate the agreement immediately. Finally, immediate termination can occur if the Area Developer misuses Face Foundrie's trademarks or breaches a material term of the agreement that cannot be cured.
In cases of other defaults, Face Foundrie may provide written notice of termination, giving the Area Developer at least 30 days to correct the default. The notice will specify the nature of the default. If the Area Developer fixes the default to Face Foundrie's satisfaction and provides proof within the 30-day period, termination is avoided. However, if the default remains uncorrected, the agreement terminates automatically without further notice upon the expiration of the 30-day period, or any longer period required by applicable law.
The method of providing notice, as detailed in Section 10 of the Area Development Agreement, requires all notices to be in writing. These notices can be delivered personally, sent by registered mail, or through other means that provide evidence of delivery or rejected delivery. Notices are to be sent to the addresses listed on the signature page of the agreement, unless a different address has been provided in writing. Face Foundrie can also provide notice electronically via email to the address on the signature page, with a read receipt requested, unless another email address has been designated. Notice is considered given on the date and time of receipt or rejected delivery when using a method that provides evidence of delivery.