What obligation does the lessor have to My Salon Suite regarding notices of default?
My_Salon_Suite Franchise · 2025 FDDAnswer from 2025 FDD Document
- E.
Notices to Franchisor.
Landlord shall serve Franchisor with a copy of any notice of default, breach, or termination of Lease at the same time that Landlord serves Tenant with such notice.
- F.
Default by Tenant; Franchisor Opportunity to Cure.
Landlord agrees not to terminate the Lease based on Tenant's breach or default of any provision of the Lease unless and until Landlord gives Franchisor written notice identifying the breach or default and allows Franchisor an opportunity to cure the breach or default, which cure period shall be no less than the length of the cure period extended to Tenant plus an additional ten (10) days (with a minimum cure period
extended to Franchisor of at least 30 days total).
To avoid uncertainty over the length of Franchisor's cure period, Landlord shall identify Franchisor's cure period when Landlord gives Franchisor written notice of the breach or default.
Landlord shall not terminate the Lease before Franchisor's cure period expires.
If Franchisor fails or refuses to cure the breach or default by the end of Franchisor's cure period, Landlord may terminate the Lease in the manner provided in the Lease but shall have no remedy against Franchisor.
Source: Item 23 — RECEIPTS (FDD pages 95–230)
What This Means (2025 FDD)
According to My Salon Suite's 2025 Franchise Disclosure Document, the landlord has specific obligations to My Salon Suite regarding notices of default, breach, or termination of the lease. The landlord must provide My Salon Suite with a copy of any notice of default, breach, or termination of the lease at the same time the landlord serves the tenant (the franchisee). This ensures My Salon Suite is immediately aware of any potential issues that could affect the franchisee's operation and the lease agreement.
Furthermore, the landlord must allow My Salon Suite an opportunity to cure the breach or default before terminating the lease. This cure period must be no less than the cure period extended to the tenant, plus an additional ten days, with a minimum cure period extended to My Salon Suite of at least 30 days total. To avoid any ambiguity, the landlord is required to specify My Salon Suite's cure period when providing written notice of the breach or default. The landlord cannot terminate the lease before My Salon Suite's cure period expires.
However, if My Salon Suite fails or refuses to cure the breach or default within the specified cure period, the landlord is then permitted to terminate the lease as outlined in the lease agreement, but the landlord will have no further recourse against My Salon Suite. This arrangement protects My Salon Suite's interest in maintaining the franchise location and provides an opportunity to resolve any issues, while also ensuring the landlord retains the right to terminate the lease if the problems are not resolved.