Under the Hck Hot Chicken franchise agreement, what constitutes a cross-default?
Hck_Hot_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
- 7.14.4 If Franchisee shall default under this Agreement or any other agreement with Franchisor or its Affiliate, Franchisor may, in addition to, and without limiting any other rights and remedies available to Franchisor, disable or terminate Franchisee's access to the Intranet without Franchisor having any liability to Franchisee, and in which case Franchisor shall only be required to provide Franchisee a paper copy of the HCK Hot Chicken Brand Standards Manual and any updates thereto, if none have been previously provided to Franchisee, unless not otherwise entitled to the HCK Hot Chicken Brand Standards Manual.
Source: Item 21 — FINANCIAL STATEMENTS (FDD page 54)
What This Means (2025 FDD)
Based on the 2025 Hck Hot Chicken Franchise Disclosure Document, a cross-default occurs when a franchisee defaults under any agreement with the franchisor or its affiliates. According to section 7.14.4, if a franchisee defaults on the franchise agreement or any other agreement with Hck Hot Chicken or its affiliates, Hck Hot Chicken has the right to disable or terminate the franchisee's access to the Intranet. This action can be taken in addition to any other rights and remedies available to Hck Hot Chicken.
In the event that Hck Hot Chicken disables the franchisee's access to the Intranet due to a default, they are only required to provide the franchisee with a paper copy of the Hck Hot Chicken Brand Standards Manual and any updates, if they haven't already been provided, unless the franchisee is not otherwise entitled to the manual. This means that a default under one agreement can trigger consequences under another, specifically the franchise agreement, by limiting access to essential operational resources.
This clause is significant for prospective Hck Hot Chicken franchisees because it broadens the scope of what constitutes a default with consequences. It's not limited to just the franchise agreement itself, but extends to any other agreements the franchisee might have with the franchisor or its affiliates. Franchisees should be aware of all their obligations under any agreements with Hck Hot Chicken to avoid triggering a cross-default and the potential loss of access to the Intranet, which appears to be a crucial tool for restaurant operations, as indicated by the requirement to use it for communication and potentially for ordering goods and products.