Can Petro Stopping Center terminate a Petro Stopping Center franchisee's rights under the agreement upon default?
Petro_Stopping_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
valid security interest in the Collateral (free and clear of all other liens and claims whatsoever), including deposit with us of any certificate of title issuable with respect to the Collateral and notation on that title of this security interest; and
- (iv) if you lease any of the Collateral, agree to sign and deliver to us our standard form of Lease Assignment.
- (b) Exercise of Remedies. In any case of your default under the terms of the Lease, the Lease Assignment or the Loan Documents, we are entitled to exercise any one or more of the following remedies in our sole discretion:
- (i) to take possession of the Site or other Collateral or any part thereof, personally, or by our agents, employees or attorneys;
- (ii) to, in our discretion, without notice and with or without process of law, enter upon and take and maintain possession of all or any part of the Petro Center, together with the Collateral, including all furniture, fixtures, inventory, books, records, papers and accounts of the Franchisee;
- (iii) to exclude you and your Personnel from the Site or other Collateral;
- (iv) as attorney-in-fact for you, or in our own name, and under the powers herein granted, to hold, operate, manage and control the Petro Center and conduct the business, if any, thereof, either personally or by its agents, with full power to use such measures, legally rectifiable, as in its discretion may be deemed proper or necessary to cure such default, including actions of forcible entry or detainer and actions in distress of rent, granting full power and authority to us to exercise each and every of the rights, privileges and powers herein granted at any and all times hereafter;
- (v) to cancel or terminate any unauthorized agreements or subleases entered into by you, for any cause or ground which would entitle us to cancel the same;
- (vi) to disaffirm any unauthorized agreement, sublease or subordinated lien, to make all necessary or proper repairs, decorating, renewals,
- replacements, alterations, additions, betterments and improvements to the Site that may seem judicious, in our sole judgment;
- (vii) to insure and reinsure the same for all risks incidental to our possession, operation and management thereof;
Source: Item 14 — Other investments (FDD pages 131–208)
What This Means (2025 FDD)
According to the 2025 Petro Stopping Center Franchise Disclosure Document, Petro Franchise Systems LLC has specific rights upon a franchisee's default, including the ability to terminate the franchisee's rights under the agreement. Petro Stopping Center can take possession of the site and collateral, enter and maintain possession of the Petro Center, and exclude the franchisee from the site.
Additionally, Petro Stopping Center, acting as the franchisee's attorney-in-fact, can operate and manage the Petro Center to cure the default, including actions of forcible entry or detainer and actions in distress of rent. Petro Stopping Center also has the power to cancel or terminate unauthorized agreements or subleases entered into by the franchisee. They can also make necessary repairs and improvements to the site.
Furthermore, Petro Stopping Center can insure the property and declare all of the franchisee's rights under the agreement immediately terminated as of the date of default under the lease, the lease assignment, or the loan documents. These remedies are in addition to any other rights Petro Stopping Center has under the agreement and applicable law. Failure to comply with any Core Program shall be a material default of this Agreement and grounds for termination of the Agreement pursuant to the provisions of Section 18.2(d).