What is the dependency between the death/disability of the Managing Owner and the appointment of a manager for an All County franchise?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
- 20.6. Operation Upon the Death or Disability of the Managing Owner. If, upon the death or permanent disability of the Managing Owner, the Business is not being managed by a manager trained by us, you or such Managing Owner's executor, administrator, conservator, guardian or other personal representative must within a reasonable time, not to exceed thirty (30) days from the date of death or permanent disability of the Managing Owner, appoint a manager to operate the Business, subject to our written approval.
Such manager must successfully complete our required initial training at your expense within thirty (30) days of being appointed to operate the Business.
This manager is not necessarily the transferee of Article 20.4., but an interim manager to keep the Business operational until a transfer can be completed.
Source: Item 23 — Receipts (FDD pages 43–157)
What This Means (2025 FDD)
According to All County's 2025 Franchise Disclosure Document, if the Managing Owner dies or becomes permanently disabled, and the All County business is not already being managed by a manager trained by All County, the franchisee (or the Managing Owner's legal representative) must appoint a manager to operate the business. This appointment must occur within a reasonable time, specifically within 30 days of the Managing Owner's death or permanent disability. This requirement ensures the continued operation of the All County franchise during a transition period.
The appointed manager is subject to All County's written approval and must successfully complete All County's required initial training at the franchisee's expense. This training must be completed within 30 days of the manager's appointment. This interim manager is not necessarily the person who will ultimately take over the franchise permanently, but rather someone to maintain operations until a full transfer can be arranged.
Failure to appoint a manager within the specified timeframe or to ensure the manager completes the required training can lead to a breach of the franchise agreement. Specifically, according to section 22.2.8, if a manager is not appointed within thirty (30) days after the death or permanent disability of your Managing Owner or any such manager fails to complete our training within thirty (30) days after being appointed, All County has grounds for terminating the franchise agreement. This highlights the importance of having a contingency plan in place to address such events and ensure compliance with the franchise agreement.