Is Fly To Fit required to cure a tenant's default under the lease?

According to Fly To Fit's 2024 Franchise Disclosure Document, Fly To Fit is not obligated to cure a tenant's default under the lease. However, the landlord must provide Fly To Fit with copies of any written notice of default given to the tenant, and Fly To Fit has the option, but not the obligation, to cure any default if the tenant fails to do so. This option must be exercised within 10 days after the expiration of the period in which the tenant may cure the default.

Furthermore, the landlord must copy Fly To Fit on any notice of termination of the lease. If the landlord terminates the lease due to the tenant's default, Fly To Fit has the option to enter into a new lease with the landlord under the same terms and conditions as the terminated lease. To exercise this option, Fly To Fit must notify the landlord within 15 days after receiving notice of the lease termination.

This arrangement provides Fly To Fit with a degree of control and protection regarding the location of its franchise operations. By having the option to cure defaults or enter into a new lease, Fly To Fit can potentially maintain a presence in a desirable location even if the original franchisee fails. However, it's important to note that Fly To Fit is not legally bound to take these actions, and the decision to do so would likely depend on various factors, such as the location's profitability and the availability of alternative franchisees.