factual

What happens to the Southern Steer Multi-Unit Development Agreement if any individual Franchise Agreement between the Multi-Unit Developer and the Franchisor is terminated?

Southern_Steer Franchise · 2025 FDD

Answer from 2025 FDD Document

eveloper commits any other act that constitutes good cause under applicable law or court decisions.

  • Failure to Comply with Development Schedule. Termination of this Agreement as a result of the Multi-Unit Developer's failure to meet the Development Schedule will not affect the individual Franchise Agreements for the Southern Steer Businesses opened and operating in the Development Territory pursuant to this Agreement which were signed by the parties prior to termination of this Agreement; however, upon termination of this Agreement, all rights to open and operate additional Southern Steer Businesses in the Development Territory and all other rights granted to the Multi-Unit Developer under this Agreement will immediately revert to the Franchisor, without affecting those obligations of the Multi-Unit Developer that continue beyond the termination of this Agreement.
  • Obligations Upon Termination or Expiration. If this Agreement is terminated by the Franchisor in accordance with this Section 8, the rights and duties of the Franchisor and the Multi-Unit Developer will be as follows:
    • (a) the Multi-Unit Developer will have no rights to open additional Southern Steer Businesses within the Development Territory;
    • (b) the Multi-Unit Developer and Controlled Entity (if any) will continue to pay all required Fees and to operate its Southern Steer Business opened in the Development Territory pursuant to the terms of the applicable Franchise Agreements signed by the Multi-Unit Developer or Controlled Entity (if any) prior to the date of the termination of this Agreement, and will in all other respects continue to comply with such Franchise Agreements;
    • (c) the Franchisor will have the absolute right to develop Southern Steer Businesses in the Development Territory or to contract with other persons for the development of additional Southern Steer Businesses in the Development Territory;
    • (d) the Multi-Unit Developer will have no right to obtain a refund of any monies it paid to the Franchisor pursuant to this Agreement or the Franchise Agreements;
    • (e) the indemnities and covenants contained in this Agreement will continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement; and
    • (f) the Multi-Unit Developer and the Franchisor will not have any rights or obligations with respect to the future Franchise Agreements required to be signed pursuant to the Development Schedule, but which were not executed prior to the termination of this Agreement by the Franchisor.
  • Notice of Termination.

Source: Item 5 — and 7 of the FDD, Section 3.1 of the Franchise Agreement and Section 4.1 of the Multi-Unit Development Agreement are hereby amended to state that payment of the initial franchise fee and development fee will be deferred until We have satisfied Our pre-opening obligations, and You have commenced business operations. (FDD pages 168–290)

What This Means (2025 FDD)

According to the 2025 Southern Steer Franchise Disclosure Document, the termination of the Multi-Unit Development Agreement due to failure to meet the development schedule does not impact the individual Franchise Agreements for Southern Steer businesses that are already opened and operating within the Development Territory, provided those agreements were signed before the termination of the Multi-Unit Development Agreement. However, upon termination, all rights to open and operate additional Southern Steer businesses in the Development Territory revert to Southern Steer. The obligations of the Multi-Unit Developer that extend beyond the termination of the agreement remain in effect.

If Southern Steer terminates the Multi-Unit Development Agreement, the Multi-Unit Developer loses the right to open further Southern Steer businesses in the Development Territory. The Multi-Unit Developer must continue to pay all required fees and operate existing Southern Steer businesses according to the terms of the existing Franchise Agreements. Southern Steer retains the right to develop additional Southern Steer businesses in the Development Territory, either independently or by contracting with others. The Multi-Unit Developer is not entitled to a refund of any monies paid to Southern Steer under the Multi-Unit Development Agreement or the Franchise Agreements.

Furthermore, Southern Steer has the right to acquire any existing Southern Steer businesses operating in the Development Territory from the Multi-Unit Developer or any Controlled Entity. This acquisition will be made according to the terms of the individual Franchise Agreement for each Southern Steer business, and the purchase price will be calculated as specified in those agreements. This ensures that Southern Steer can maintain or expand its presence in the Development Territory even after the termination of the Multi-Unit Development Agreement.

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.