factual

Can Ledgers terminate the Franchise Agreement if a franchisee makes a material misstatement on a Biographical Information Form?

Ledgers Franchise · 2025 FDD

Answer from 2025 FDD Document

    1. If you make a material misstatement of fact or fail to disclose a material fact on a Biographical Information Form or in any requested form including the request for consideration or application,
    1. If you refuse to completely fill out a requested form or tender supporting documentation upon reasonable request;
    1. You become insolvent, meaning unable to pay your bills in the ordinary course as they become due;
    1. If a final judgment of record against you or your Franchise Business remains unsatisfied for thirty (30) days or longer;
    1. If on your death or incapacity, the transfer process does not begin within sixty (60) days or remains incomplete after 6 months; or
    1. If you abandon the Franchised Business or discontinue the active operation of the Franchised Business for three or more business days, except when active operation is not reasonably possible, such as because of a natural disaster or government order.

8.3. Termination by Us with the Opportunity to Cure

We may terminate this Agreement, if the following conditions remain within thirty (30) days after sending you notice and an opportunity to cure:

    1. You violate any other term or condition of this Agreement, the Franchisee Operations Manual, or any other agreement with us; or
    1. Any amount owing to us from you is more than 30 days past due.

8.4. No Refund of Initial Fee

We have no obligation to return or refund any fee to you upon termination or expiration of this Agreement.

Source: Item 22 — CONTRACTS (FDD page 46)

What This Means (2025 FDD)

According to Ledgers's 2025 Franchise Disclosure Document, Ledgers can terminate the Franchise Agreement if a franchisee makes a material misstatement of fact or fails to disclose a material fact on a Biographical Information Form. This is one of several conditions that could lead to termination by Ledgers.

Other conditions that could lead to termination include refusing to completely fill out a requested form or tender supporting documentation upon reasonable request, becoming insolvent, or having a final judgment of record against the franchisee or their Franchise Business that remains unsatisfied for thirty days or longer. Termination can also occur if the transfer process following the franchisee's death or incapacity does not begin within sixty days or remains incomplete after six months, or if the franchisee abandons the Franchised Business or discontinues its active operation for three or more business days, unless due to circumstances like a natural disaster or government order.

Ledgers may also terminate the agreement if the franchisee violates any term or condition of the Agreement, the Franchisee Operations Manual, or any other agreement with Ledgers, or if any amount owing to Ledgers from the franchisee is more than 30 days past due. In these cases, Ledgers must provide the franchisee with notice and an opportunity to cure the issue within thirty days before terminating the agreement. Upon termination, Ledgers has no obligation to return or refund any fees to the franchisee.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.