What kind of notice will Fitstop provide me with if I am in breach of the agreement?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
Instructor Training that we will provide remotely or otherwise as we determine appropriate.
- 16.2.13 For any other reason stated in other Sections of this Agreement, which are incorporated herein by reference.
- 16.3 Cure Period and Franchisee's Obligation to Demonstrate Curative Actions. If the breach concerns this Agreement and does not result in immediate termination, the correction of any default must be accomplished within 30 calendar days after we submit notice to you describing the condition which constitutes the violation, and the corrective action which you must take if any corrective action is possible to cure the default. Should a default under this Agreement be of such a nature that we, in writing, agree more than 30 calendar days is reasonably required to cure, you shall be given such additional time as may be reasonable, provided that corrective action is commenced promptly within the initial thirty (30) day period and is pursued diligently to completion.
Source: Item 23 — RECEIPTS (FDD pages 50–135)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, if a franchisee breaches the agreement, Fitstop will submit a notice describing the violation and the necessary corrective action. The franchisee has 30 calendar days to correct the default after receiving this notice, assuming corrective action is possible.
However, if the breach is severe and results in immediate termination, the franchisee may not receive a cure period. If the nature of the default requires more than 30 days to cure, Fitstop may agree in writing to allow additional time, provided that the franchisee begins corrective action promptly within the initial 30-day period and diligently pursues it to completion.
If the franchisee fails to cure the default within the given time frame after receiving notice, Fitstop can terminate the agreement without further notice. This termination becomes effective once the allowed cure period expires. This is a fairly standard practice in franchising, as it allows the franchisee an opportunity to rectify the issue while also protecting the franchisor's brand and system standards.