factual

Does the renewed Pearce Bespoke Franchise Agreement contain further rights of renewal?

Pearce_Bespoke Franchise · 2025 FDD

Answer 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:

    1. 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
    1. 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
    1. 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
    1. 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.
    1. 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
    1. Execute prior to the expiration of the then existing term the then-current Franchise Agreement, provided, however, that Franchisee will be required to pay the Renewal Fee in lieu of the Initial Franchise Fee stated in such Franchise Agreement, and that such Franchise Agreement may not contain any further rights of renewal, but may contain continuing rates

and advertising contributions (which may be different than those contained in this Agreement), and an altered Franchised Territory; and

    1. Execute prior to the expiration of the then existing term a general release in favor of Franchisor, its Affiliates and related individuals and entities, from any claims arising before or during the term hereof; and
    1. If Franchisee fails to timely meet any of the renewal conditions within the applicable timeframes, Franchisor may choose, in its sole discretion and without any obligation to do s

Source: Item 22 — CONTRACTS (FDD page 39)

What This Means (2025 FDD)

According to the 2025 Pearce Bespoke Franchise Disclosure Document, a renewed Franchise Agreement does not contain further rights of renewal. However, it may contain continuing royalty rates and advertising contributions, which may differ from those in the original agreement, and an altered Franchised Territory.

To renew the Pearce Bespoke franchise, the franchisee must provide written notice to Pearce Bespoke at least 180 days before the end of the current term. The franchisee must also comply with all material provisions of the agreement, including financial obligations and brand standards. The franchisee is responsible for capital expenditures to modernize the business to meet current brand standards. Pearce Bespoke has the discretion to audit the franchise to ensure compliance with brand standards, and the franchisee must cover the costs of any such audit if deficiencies are found.

In addition, the franchisee must 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. The franchisee must also execute the then-current Franchise Agreement and a general release in favor of Pearce Bespoke and its affiliates from any claims arising before or during the term. If the franchisee fails to meet any of the renewal conditions on time, Pearce Bespoke may, at its discretion, allow renewal subject to a late renewal administration charge of $500, in addition to the Renewal Fee.

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.