Where can exceptions to the consecutive day closure rule for Hck Hot Chicken abandonment be found?
Hck_Hot_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
If Franchisee shall abandon the Franchised Restaurant.
For purposes of this Agreement, "abandon" shall refer to (i) Franchisee's failure, at any time during the term of this Agreement, to keep the Premises or Franchised Restaurant open and operating for business for a period of three consecutive days, except as provided in the HCK Hot Chicken Brand Standards Manual, (ii) Franchisee's failure to keep the Premises or Franchised Restaurant open and operating for any period after which it is not unreasonable under the facts and circumstances for Franchisor to conclude that Franchisee does not intend to continue to operate the Franchised Restaurant, unless such failure to operate is due to Force Majeure (subject to Franchisee's continuing compliance with this Agreement), (iii) failure to actively and continuously maintain and answer the telephone listed by Franchisee for the Franchised Restaurant solely with the "HCK Hot Chicken" name (as the same may be modified in accordance with this Agreement); (iv) the withdrawal of permission from the applicable lessor that results in Franchisee's inability to continue operation of the Franchised Restaurant; or (v) closing of the Franchised Restaurant required by Applicable Law if such closing was not the result of a violation of this Agreement by Franchisor.
Source: Item 21 — FINANCIAL STATEMENTS (FDD page 54)
What This Means (2025 FDD)
According to Hck Hot Chicken's 2025 Franchise Disclosure Document, the exceptions to the three consecutive day closure rule for abandonment of the Franchised Restaurant can be found in the HCK Hot Chicken Brand Standards Manual. Specifically, the franchise agreement states that failing to keep the restaurant open for three consecutive days constitutes abandonment, unless otherwise provided in the Brand Standards Manual.
Additionally, the agreement outlines other conditions that could be considered abandonment. These include failing to keep the restaurant open for any period that leads the Franchisor to reasonably believe the Franchisee does not intend to continue operations. An exception to this is if the failure to operate is due to Force Majeure, provided the Franchisee continues to comply with the agreement. Other conditions that constitute abandonment include failure to maintain and answer the telephone with the "HCK Hot Chicken" name, withdrawal of permission from the lessor preventing operation, or closure required by law if the closure resulted from a violation of the agreement by the Franchisor.
It is important for a prospective Hck Hot Chicken franchisee to carefully review the HCK Hot Chicken Brand Standards Manual to understand what circumstances would allow for a closure of three consecutive days or longer without being considered abandonment. Franchisees should also understand what constitutes a Force Majeure event and what steps must be taken to remain in compliance with the franchise agreement during such an event.