If a franchisee wishes to continue developing Hyper Kidz businesses after the agreement term, what must they do?
Hyper_Kidz Franchise · 2024 FDDAnswer from 2024 FDD Document
This Agreement shall not be subject to renewal; however, if you wish to purchase a new Development Area and continue to develop Hyper Kidz Businesses, we will, in good faith, negotiate a new Multi-Unit Development Agreement with you.
- 6.2 Upon completion of the Minimum Performance Schedule, which is when the final Hyper Kidz Business to be developed hereunder has opened for business, if we determine that it is desirable to operate one or more additional Hyper Kidz Businesses in the Development Area, and provided you have timely complied with the Minimum Performance Schedule and are then in compliance with all terms and conditions of all Franchise Agreements, you shall have a right of first refusal to obtain the Development Rights to such additional Hyper Kidz Businesses upon such reasonable terms and conditions as are then determined by us including, but not limited to, the imposition of a new Development Fee and the payment of the then-current initial franchise fee upon execution of the then-current Franchise Agreement. In such case, we shall advise you in writing of the terms and conditions for the acquisition of the Development Rights for such additional Hyper Kidz Businesses. You must notify us in writing within sixty (60) days of the receipt of such notice whether you wish to acquire the Development Rights to all of such additional Hyper Kidz Businesses. If you do not exercise this right of first refusal, in whole, we may, following the expiration of the sixty (60) day period, grant the Development Rights to such additional Hyper Kidz Businesses to any other person or persons on the same terms and conditions or we may elect to develop and construct any of such additional Hyper Kidz Businesses.
Source: Item 23 — RECEIPTS (FDD pages 52–205)
What This Means (2024 FDD)
According to Hyper Kidz's 2024 Franchise Disclosure Document, the Development Agreement is not subject to renewal. However, a franchisee who wishes to continue developing Hyper Kidz businesses can negotiate a new Multi-Unit Development Agreement with Hyper Kidz. The document states that Hyper Kidz will negotiate in good faith.
Additionally, upon completion of the Minimum Performance Schedule, which occurs when the final Hyper Kidz Business to be developed has opened, the franchisee may have a right of first refusal to obtain development rights for additional Hyper Kidz Businesses in the Development Area. This is contingent on the franchisee having complied with the Minimum Performance Schedule and being in compliance with all terms and conditions of all Franchise Agreements.
If Hyper Kidz determines it is desirable to operate additional Hyper Kidz Businesses in the Development Area, they will advise the franchisee in writing of the terms and conditions for acquiring these additional Development Rights, which may include a new Development Fee and the then-current initial franchise fee. The franchisee must then notify Hyper Kidz in writing within 60 days of receiving the notice if they wish to acquire these rights. If the franchisee does not exercise this right of first refusal, Hyper Kidz may grant the Development Rights to others or elect to develop the additional businesses themselves.