Under what circumstances can the Monicals Pizza Development Agreement be immediately terminated without an opportunity to cure?
Monicals_Pizza Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 23: RECEIPTS]
- 8.1.3 Developer is convicted of or pleads no contest to a felony or other crime or offense that may adversely affect the goodwill associated with the Marks;
- 8.1.4 Developer makes any unauthorized use of the Marks or unauthorized use or disclosure of the Confidential Information;
- 8.1.5 Franchisor has delivered a notice of termination for a Franchise Agreement between Franchisor and Developer in accordance with its terms and conditions, or Developer has terminated a Franchise Agreement without cause;
- 8.1.6 Developer fails to meet or satisfy any timing requirement or deadline contained in the Development Schedule; or
- 8.1.7 Developer fails to comply with any other provision of the Development Agreement and does not correct within thirty (30) days after written notice from Franchisor.
Source: Item 23 — RECEIPTS (FDD pages 46–257)
What This Means (2025 FDD)
According to Monicals Pizza's 2025 Franchise Disclosure Document, the Development Agreement can be immediately terminated without an opportunity to cure under specific circumstances. These include if the developer is convicted of or pleads no contest to a felony or any crime that could negatively impact the goodwill associated with the Monicals Pizza brand.
Immediate termination can also occur if the developer makes unauthorized use of the Monicals Pizza trademarks or discloses confidential information without authorization. Additionally, if Monicals Pizza has already delivered a notice of termination for a Franchise Agreement with the developer, or if the developer terminates a Franchise Agreement without a valid reason, the Development Agreement can be terminated immediately.
Furthermore, failure to meet the timing requirements or deadlines outlined in the Development Schedule also constitutes grounds for immediate termination. However, if the developer fails to comply with any other provision of the Development Agreement, they typically have thirty days after written notice from Monicals Pizza to correct the issue before termination occurs. This thirty-day cure period does not apply to the aforementioned conditions, where termination can be immediate.