Where can I find the specific provisions regarding renewal, termination, transfer, and dispute resolution for an All County franchise?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
s. We will notify you, in writing, within 90 days of our receipt of your inquiry, of our decision whether to allow you to offer the alternative services or products.
ITEM 17
RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION
This table lists certain important provisions of the Franchise and related Agreements. You should read these provisions in the agreements attached to this Franchise Disclosure Document.
THE FRANCHISE RELATIONSHIP
| SECTION IN | ||
|---|---|---|
| FRANCHISE | ||
| PROVISION | AGREEMENT | SUMMARY |
| i. Franchisee’s obligations on termination/non-renewal | 23 | Pay us what you owe us; cease using the Marks; and follow our termination procedures; transfer all telephone numbers, clients, and accounts of the Franchise Business to us or our designee; give us all copies of your customer lists; cancel fictitious business names; adhere to the covenant not to compete in the Franchise Agreement. |
| j. Assignment of contract by franchisor | 20.1 | Fully transferable by us. However, no assignment will be made except to an assignee who, in good faith and judgment of the franchisor, is willing and financially able to assume the franchisor’s obligations under the Franchise Agreement. |
| k. “Transfer” by franchisee - | 20.3 | Includes any transfer of ownership. |
| definition | ||
| l. Franchisor approval of transfer by franchisee | 20.2 | Our approval of any transfer is required prior to your transferring the Franchise to a third party. However, will not unreasonably withhold our approval where the proposed transferee meets all our conditions for approval. |
| m. Conditions for franchisor approval of transfer | 20.4 | The proposed transferee must meet our standards as to character, financial resources, and willingness to assume the existing obligations under the Franchise Agreement, sign our then-current form of franchise agreement, and complete training. |
| n. Franchisor’s right of first refusal to | 20.9 | We can match any offer for your Franchise. |
| acquire franchisee’s business | ||
| o. Franchisor’s option to purchase | 23.6 | 60-day option upon termination or expiration. |
| franchisee’s business | ||
| p. Death or disability of franchisee | 20.6 | A replacement Managing Owner must be trained. |
| q. Non-competition covenants | 16.1 | No direct or indirect interest in a Competitive |
| during the term of the franchise | Business. | |
| r. Non-competition covenants after the franchise is terminated or expires | 23.4 | After termination or expiration of the Franchise Agreement, you may not operate a similar type of business for a period of 36 months within your Territory or within 50 miles from the outside perimeter of your Territory |
| s. Modification of the agreement | 25.16 SECTION IN FRANCHISE | Must be in writing. |
| PROVISION | AGREEMENT | SUMMARY |
| t. Integration/merger clause | 25.18 | Only the terms of the Franchise Agreement are binding (subject to applicable state law). Any representations or promises made outside the Disclosure Document and Franchise Agreement may not be enforceable. |
| u. Dispute resolution by arbitration or mediation | 25.12 | All disputes resolved by mediation or arbitration except for actions for declaratory or equitable relief, actions in ejectment or for possession of any interest in real or personal property, or actions which by applicable law can’t be arbitrated. This provision is subject to applicable state law. |
| v. Choice of forum | 25.14 | Applicable law is that of the State of Florida, unless superseded by state law. State specific appendices are attached to the Franchise Agreement, and state specific addendums to the Disclosure Document are attached as Exhibit “D”. This provision is subject to APPLICABLE state law. |
| w. Choice of law | 25.13 SECTION IN | Florida, except for arbitration which is covered by the Federal Arbitration Act. State specific appendices are attached to the Franchise Agreement and state specific addendums to the Disclosure Document are attached as Exhibit “D”. This provision is subject to APPLICABLE state law. |
| PROVISION | FRANCHISE AGREEMENT | SUMMARY |
| t. Integration/merger clause | 25.18 | Only the terms of the Franchise Agreement are binding (subject to applicable state law). Any representations or promises made outside the Disclosure Document and Franchise Agreement may not be enforceable. |
| u. Dispute resolution by arbitration or | 25.12 | All disputes resolved by mediation or |
| mediation | arbitration except for actions for declaratory or equitable relief, actions in ejectment or for possession of any interest in real or personal property, or actions which by applicable law can't be arbitrated. This provision is subject to applicable state law. | |
| v. Choice of forum | 25.14 | Applicable law is that of the State of Florida, unless superseded by state law. State specific appendices are attached to the Franchise Agreement, and state specific addendums to the Disclosure Document are attached as Exhibit "D". This provision is subject to APPLICABLE state law. |
| w. Choice of law | 25.13 | Florida, except for arbitration which is covered by the Federal Arbitration Act. State specific appendices are attached to the Franchise Agreement and state specific addendums to the Disclosure Document are attached as Exhibit "D". This provision is subject to APPLICABLE state law. |
ITEM 18
PUBLIC FIGURES
We do not currently use any public figure to promote our franchises or services. In the future we may elect to use a public figure to promote the franchise or services. You may not use any public figure or any other third party to promote your Franchise Business unless expressly authorized by our written consent.
Source: Item 17 — Renewal, Termination, Transfer, and Dispute Resolution (FDD pages 31–34)
What This Means (2025 FDD)
According to All County's 2025 Franchise Disclosure Document, Item 17 and the franchise agreement outline the provisions for renewal, termination, transfer, and dispute resolution. Item 17 provides a table summarizing key aspects of these topics, along with references to specific sections within the franchise agreement where more detailed information can be found. It is important to carefully review the franchise agreement itself, as referenced in Item 17, to fully understand your rights and obligations regarding these critical aspects of the franchise relationship.
Specifically, Item 17 of the All County FDD includes summaries of provisions addressing the franchisee's obligations upon termination or non-renewal, the franchisor's ability to assign the contract, and the definition and conditions surrounding the franchisee's transfer of ownership. It also covers the franchisor's right of first refusal and option to purchase the franchisee's business, what happens in the event of the franchisee's death or disability, non-competition covenants, modification of the agreement, and integration/merger clauses.
Furthermore, Item 17 details how disputes are resolved through mediation or arbitration, specifies that Florida law governs the agreement (unless superseded by state law), and indicates that state-specific appendices and addendums are attached to the Franchise Agreement and Disclosure Document. For franchisees in California, Item 17 notes specific California Business & Professions Code sections that provide rights concerning termination, transfer, or non-renewal, and clarifies that California law will take precedence if the Franchise Agreement contains conflicting provisions. It also addresses the enforceability of non-compete clauses and general releases under California law, and highlights the potential inapplicability of the Franchise Agreement's choice of law and binding arbitration provisions in California.