If a Fly To Fit franchisee breaches the agreement, who must the cure be satisfactory to?

According to Fly To Fit's 2024 Franchise Disclosure Document, if a franchisee breaches the franchise agreement in a way not specifically related to payment defaults or situations allowing termination without a cure period, the franchisee has 30 days to correct the breach. However, the cure must be to Fly To Fit's satisfaction. This means Fly To Fit has the discretion to determine whether the franchisee has adequately addressed the breach.

This clause gives Fly To Fit significant power in determining whether a franchisee remains in compliance with the agreement. A prospective franchisee should understand that even if they attempt to correct a breach, Fly To Fit could still terminate the agreement if they are not satisfied with the efforts. This differs from a more objective standard where a cure might be assessed based on specific, measurable criteria.

It is important for a potential Fly To Fit franchisee to seek clarity from Fly To Fit regarding what specific actions or outcomes would be deemed satisfactory in the event of a breach. Understanding Fly To Fit's expectations upfront can help a franchisee avoid potential disputes and ensure they are taking appropriate steps to maintain compliance with the franchise agreement. Franchisees should document all efforts to cure any breach and communicate proactively with Fly To Fit to demonstrate their commitment to resolving any issues.