factual

What advance notice must Pearce Bespoke provide if it intends not to renew a franchise?

Pearce_Bespoke Franchise · 2025 FDD

Answer from 2025 FDD Document

This subsection applies only if: (i) the term of the franchise is less than five (5) years, and (ii) the franchisee is prohibited by the franchise or other agreement from continuing to conduct substantially the same business under another trademark, service mark, trade name, logotype, advertising or other commercial symbol in the same area subsequent to the expiration of the franchise or the franchisee does not receive at least six (6) months' advance notice of franchisor's intent not to renew the franchise.

Source: Item 22 — CONTRACTS (FDD page 39)

What This Means (2025 FDD)

According to Pearce Bespoke's 2025 Franchise Disclosure Document, the standard agreement does not specify a minimum advance notice Pearce Bespoke must provide to the franchisee if it decides not to renew the franchise agreement. However, an addendum required by the state of Michigan addresses this issue.

Specifically, if the initial franchise term is less than five years, and the franchisee is prohibited from operating a similar business in the same area under a different brand after the franchise expires, then Pearce Bespoke must provide at least six months' advance notice if it intends not to renew the franchise. This requirement ensures that franchisees in Michigan have sufficient time to prepare for the end of their franchise agreement and explore other business opportunities.

This Michigan addendum also stipulates that if Pearce Bespoke chooses not to renew the franchise under these conditions, they must fairly compensate the franchisee for the fair market value of their inventory, supplies, equipment, fixtures, and furnishings at the time of expiration. This compensation excludes personalized materials with no value to Pearce Bespoke and items not reasonably required for the franchise business. This provision aims to protect franchisees' investments in their business if the franchise is not renewed, but only applies under the specific conditions outlined in the addendum.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.