Does the FDD require Pearce Bespoke to include a renewal provision in its franchise agreement?
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, franchisees have the right to renew their franchise for the Franchised Territory for two successive five-year terms, provided they meet specific conditions.
These conditions include providing written notice to Pearce Bespoke at least 180 days before the end of the current term, complying with all material provisions of the Franchise Agreement (including payments and adherence to brand standards), and making necessary capital expenditures to modernize the business to reflect current standards. Additionally, the franchisee must assist Pearce Bespoke with an audit to ensure compliance with brand standards, covering any deficiencies identified and the costs associated with the audit.
The franchisee is also required to pay a renewal fee equal to the greater of $5,000 or 25% of the then-current franchise fee at least 30 days before the expiration of the current term. Finally, the franchisee must execute the then-current Franchise Agreement, which may not contain further renewal rights but may include continuing rates.
In summary, while Pearce Bespoke offers a renewal option, it is contingent upon the franchisee's adherence to the agreement's terms, investment in upgrades, and payment of renewal fees, ensuring that the franchise remains aligned with Pearce Bespoke's current standards and financial expectations.