What is the timeframe for dismissing involuntary bankruptcy proceedings to avoid automatic termination of the My Salon Suite franchise?
My_Salon_Suite Franchise · 2025 FDDAnswer from 2025 FDD Document
The Franchise Agreement provides for termination upon bankruptcy. This provision may not be enforceable under Federal Bankruptcy Law (11 U.S.C.A Sec. 101 et seq.).
Source: Item 23 — RECEIPTS (FDD pages 95–230)
What This Means (2025 FDD)
According to My Salon Suite's 2025 Franchise Disclosure Document, the franchise agreement provides for termination upon bankruptcy. However, the FDD also states that this provision may not be enforceable under Federal Bankruptcy Law (11 U.S.C.A Sec. 101 et seq.).
This means that while the My Salon Suite franchise agreement includes a clause allowing for termination if a franchisee declares bankruptcy, federal law might override this clause. Federal bankruptcy laws are designed to protect debtors and may prevent franchisors from automatically terminating agreements solely based on a bankruptcy filing.
Because the enforceability of the termination clause is uncertain due to potential conflicts with federal law, it is important for a prospective franchisee to seek legal counsel to fully understand their rights and obligations in the event of bankruptcy. A legal professional can provide guidance on how federal bankruptcy laws would apply to the My Salon Suite franchise agreement and what steps a franchisee can take to protect their investment.