How long does a Monicals Pizza developer have to cure a default 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 provisio |
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 30 days to cure certain defaults to avoid termination of the Development Agreement. Specifically, if the default arises from a failure to comply with mandatory specifications in the Development Agreement, the developer has 30 days from the date of receiving notice of termination to correct the issue.
However, not all defaults are curable. Monicals Pizza has the right to terminate the Development Agreement without providing an opportunity to cure under certain conditions. These conditions include unauthorized transfer of the Development Agreement, material misrepresentations in the franchise application, conviction of a felony, misuse of the Monicals Pizza marks, termination of any Franchise Agreement, failure to meet development schedule deadlines, or failure to comply with any provision of the Development Agreement after notice of non-compliance.
This distinction between curable and non-curable defaults is important for prospective Monicals Pizza developers to understand. It highlights the importance of adhering to the mandatory specifications outlined in the Development Agreement to maintain the agreement and avoid potential termination. Franchisees should carefully review the Development Agreement to fully understand what constitutes a curable versus non-curable default.