Does Hyper Kidz have the right to inspect a Hyper Kidz Business to ensure compliance with the covenants?
Hyper_Kidz Franchise · 2024 FDDAnswer from 2024 FDD Document
- 12.7 During the term of this Agreement, an officer or agent of ours shall have the right to inspect any Hyper Kidz Business in which you have an interest at reasonable times and during normal business hours to the extent reasonably necessary to determine whether the conditions of this Section 12 are being satisfied. If, by reason of such inspections or otherwise, we have reason to believe that you are not in full compliance with the terms of this Section, we shall give notice of such default to you, specifying the nature of such default. If you deny that you are in default hereunder, as specified by us, you shall have the burden of establishing that such default does not exist and shall give notice to us of your position within ten (10) days of receipt of the notice from us. Unless you so deny such default, you shall immediately take all steps to cure said default in a manner satisfactory to us.
Source: Item 23 — RECEIPTS (FDD pages 52–205)
What This Means (2024 FDD)
According to the 2024 Hyper Kidz Franchise Disclosure Document, Hyper Kidz retains the right to inspect any Hyper Kidz Business in which a franchisee has an interest. This inspection can occur at reasonable times and during normal business hours. The purpose of these inspections is to determine whether the franchisee is adhering to the covenants outlined in Section 12 of the agreement.
If, through these inspections or other means, Hyper Kidz believes that a franchisee is not complying with the terms of Section 12, they will notify the franchisee of the default, specifying the nature of the non-compliance. The franchisee then has the burden of proving that the default does not exist. The franchisee must notify Hyper Kidz of their position within ten days of receiving the notice from Hyper Kidz.
Unless the franchisee denies the default, they must immediately take steps to correct the issue in a manner that Hyper Kidz finds satisfactory. This process ensures that Hyper Kidz can monitor and enforce compliance with the covenants, while also providing the franchisee an opportunity to dispute any findings of non-compliance.