Where in the Mrcool FDD can I find information about Payment Non-Compliance Fees and Charges?
Mrcool Franchise · 2025 FDDAnswer from 2025 FDD Document
each respective monthly Accounting Period. Franchisor shall, in Franchisor's Reasonable Business Judgment, determine the services that may or may not be included in the Contact Center Services and the services that are included in the Contact Center Fees. The Contact Center Fees shall be calculated on a monthly basis for each respective monthly Accounting Period and shall be payable on the first Due Date for each month.
5.E. PAYMENT NON-COMPLIANCE FEES AND CHARGES
In addition to all other rights afforded to Franchisor under this Agreement, in connection with each and every fee, charge, and/or obligation payable and due from Franchisee to Franchisor under the terms of this Agreement including, but not limited to, this Article 5, within 14 days of Franchisor's invoice, Franchisee shall pay to Franchisor: (a) a payment non-compliance fee in the amount of $150 (the "Payment Non-Compliance Fee") for each and every instance where a fee, charge, and/or obligation payable to Franchisor under this Agreement is not paid in full when due; plus (b) Interest on all unpaid fees, sums, and/or obligations payable and due from Franchisee to Franchisor at an interest rate equal to the lesser of either 18% per annum, or the maximum interest rate allowed by applicable law and with interest accruing on the date when such fee, sum, or obligation was due; plus (c) all costs incurred by Franchisor in the collection of such unpaid and past due obligations including, but not limited to, reasonable attorney's fees, costs, and expenses. Additionally, if Franchisee's bank account possesses insufficient funds and/or fails to process a payment related to any fee due to Franchisor, Franchisor may charge the greater of either (i) 5% of the amount; (ii) $50 for each instance; or (iii) the maximum amount allowed by law. The foregoing does not constitute Franchisor's agreement to accept payments after they are due or a co
Source: Item 23 — RECEIPTS (FDD pages 55–263)
What This Means (2025 FDD)
According to the 2025 Mrcool FDD, information regarding payment non-compliance fees and charges can be found in Article 5.E. Specifically, if a franchisee fails to make a payment within 14 days of Mrcool's invoice, Mrcool will charge a payment non-compliance fee of $150 for each instance.
In addition to the payment non-compliance fee, Mrcool may also charge interest on all unpaid fees at a rate of 18% per annum, or the maximum interest rate allowed by law, accruing from the date the payment was originally due. The franchisee is also responsible for covering all costs Mrcool incurs while collecting the unpaid obligations, including reasonable attorney's fees and expenses.
Furthermore, if a franchisee's bank account has insufficient funds or fails to process a payment, Mrcool may charge a fee equal to the greater of 5% of the amount due or $50 for each instance, or the maximum amount allowed by law. The FDD clarifies that these remedies do not obligate Mrcool to accept late payments or extend credit to the franchisee. Mrcool retains all rights and remedies outlined in Article 16 and elsewhere in the agreement, and all remedies are cumulative.