What constitutes compliance with the Pearce Bespoke Franchise Agreement for renewal purposes?
Pearce_Bespoke Franchise · 2025 FDDAnswer from 2025 FDD Document
A. Term.
The term of this Agreement will be for ten (10) years commencing on the Effective Date, unless terminated sooner in accordance with the terms hereof.
B. Renewal.
Franchisee will have the right to renew its Pearce Bespoke franchise for the Franchised Territory for two (2) successive five (5) year terms, provided Franchisee meets the following conditions:
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- Franchisee has given Franchisor written notice at least one hundred eighty (180) days before the end of the term of this Agreement of its intention to renew; and
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- Franchisee has complied with all of the material provisions of this Agreement, including the payment of all monetary obligations owed by Franchisee to Franchisor and its affiliates and suppliers, and has complied with Franchisor's material operating and brand standards and procedures and meets all current brand standards during the term of the Franchise Agreement; and
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- Franchisee has at its expense made such reasonable capital expenditures necessary to replace and modernize the supplies, items, and custom equipment in Franchisee's business so that Franchisee's business reflects the then current requirements of a new Pearce Bespoke Franchise; and
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- At Franchisor's discretion, assist Franchisor or its designee with an audit of the Pearce Bespoke Franchise, which shall be conducted by Franchisor or its designee, including without limitation, a financial audit and an operational audit to determine their compliance with then current brand standards. Any deficiencies identified during the audit must be satisfied prior to the expiration of the then current term. If any audit reveals any deficiencies the costs incurred by Franchisor in connection with any such audit are payable upon demand by Franchisee prior to the expiration of the then existing term, including any audit costs, transportation, lodging, meals, and any other expenses incurred.
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- Franchisee has paid a Renewal Fee equal to the greater of (i) Five Thousand Dollars ($5,000.00), or (ii) twenty-five percent (25%) of the then-current franchise fee to Franchisor at least thirty (30) days before the expiration of the initial (and any renewal) term of this Agreement expires; and
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- Execute prior to the expiration of the then existing term the then-current Franchise Agreement, provided, however, that Franchisee will be required to p
Source: Item 22 — CONTRACTS (FDD page 39)
What This Means (2025 FDD)
According to Pearce Bespoke's 2025 Franchise Disclosure Document, a franchisee can renew their franchise for two successive five-year terms if they meet certain conditions. To begin, the franchisee must provide written notice to Pearce Bespoke at least 180 days before the current agreement expires, signaling their intent to renew.
Furthermore, the franchisee must have adhered to all material provisions of the Franchise Agreement throughout its term. This includes fulfilling all monetary obligations to Pearce Bespoke, its affiliates, and suppliers, as well as complying with Pearce Bespoke's operational and brand standards. The franchisee is also expected to invest in updating and modernizing their business to align with the standards of a new Pearce Bespoke franchise.
Pearce Bespoke also has the discretion to audit the franchise, including financial and operational aspects, to ensure compliance with current brand standards. The franchisee is responsible for covering the costs of any such audit, especially if deficiencies are found. Finally, the franchisee must pay a renewal fee, which is the greater of $5,000 or 25% of the then-current franchise fee, at least 30 days before the expiration of the current term and execute the then-current Franchise Agreement.