From when is the cure period calculated for a Monicals Pizza developer to avoid termination of the Development Agreement?
Monicals_Pizza Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in the Development Agreement | Summary |
|---|---|---|
| g. "Cause" defined-curable defaults | Section 8.2 | You can avoid termination of the Development Agreement if you cure a default arising from your failure to comply with mandatory specifications in the Development Agreement within 30 days of receiving our notice of termination. |
| h. "Cause" defined-non curable defaults | Section 8.1 | We have the right to terminate the Development Agreement without giving you an opportunity to cure if you: transfer of control of Development Agreement or an interest in the your business entity in an unauthorized manner; made a material misrepresentation or omission in the application for the franchise; are convicted of or plead no contest to a felony or other crime or offense likely to affect the goodwill associated with the Marks; misuse or make unauthorized use of the Marks; terminate any Franchise Agreement with or without cause; fail to meet the timing requirements and deadlines contained in the development schedule; or fail to comply with any provision of the Development Agreement after notice of non-compliance. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 32–41)
What This Means (2025 FDD)
According to Monicals Pizza's 2025 Franchise Disclosure Document, a developer has a 30-day cure period to avoid termination of the Development Agreement. This cure period is triggered upon receiving a notice of termination from Monicals Pizza due to failure to comply with mandatory specifications outlined in the Development Agreement.
However, it's important to note that not all defaults are curable. Monicals Pizza has the right to terminate the Development Agreement without providing an opportunity to cure under certain circumstances. These non-curable defaults include unauthorized transfer of the Development Agreement, material misrepresentations in the franchise application, conviction of a felony, misuse of Monicals Pizza's marks, termination of any Franchise Agreement, failure to meet development schedule deadlines, or failure to comply with any provision of the Development Agreement after a prior notice of non-compliance.
Therefore, a prospective Monicals Pizza developer should carefully review Sections 8.1 and 8.2 of the Development Agreement to fully understand which defaults are curable and which are not. Understanding these provisions is crucial for maintaining the Development Agreement and avoiding potential termination.