As an All County franchisee, how must I identify myself as the owner of the business?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
20.4.10. Representation. You and your transferring owners have agreed that you and they will not directly or indirectly at any time or in any manner (except with respect to other ALL COUNTY® businesses you own and operate) identify or represent yourself or themselves or any business as a current or former ALL COUNTY® business, or as one of our licensees or franchisees, use any Marks, any colorable imitation thereof or other indicia of an ALL COUNTY® business in any manner or for any purpose or utilize for any purpose any trade name, trademark or service mark or other commercial symbol that suggests or indicates a connection or association with us.
20.5. Transfer to a Wholly Owned Corporation. If you are in full compliance with this Agreement, you may transfer this Agreement to a wholly-owned corporation, limited liability company, or other entity which conducts only the ALL COUNTY® Business.
You agree to maintain management control and own and control one hundred percent (100%) of the equity and voting power of all issued and outstanding capital stock.
All assets and operations of the Business are to be owned and controlled by a single corporation.
Transfers of shares in such corporation will be subject to the provisions of this Agreement.
You agree to remain personally liable under this Agreement as if the transfer to such corporation had not occurred.
- 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 the 2025 All County Franchise Disclosure Document, franchisees must adhere to specific guidelines regarding how they represent themselves in relation to the All County brand. Franchisees are prohibited from representing themselves or any business as a current or former All County business, licensee, or franchisee, except when referring to other All County businesses they own and operate. This restriction extends to the use of any trademarks, service marks, or commercial symbols that could suggest a connection with All County, ensuring consistent brand representation and preventing confusion among customers.
This requirement is in place to protect the integrity of the All County brand and maintain uniformity across all franchise locations. By preventing franchisees from misrepresenting their affiliation, All County ensures that customers receive consistent service and quality, regardless of the specific franchise location they interact with. This also helps to avoid any potential damage to the brand's reputation that could arise from a franchisee operating outside of the established standards and procedures.
However, the agreement does allow for the transfer of the franchise to a wholly-owned corporation, limited liability company, or other entity, provided that the entity conducts only the All County business. In such cases, the franchisee must maintain complete management control and 100% ownership of the entity's equity and voting power. Even with such a transfer, the original franchisee remains personally liable under the Franchise Agreement, as if the transfer had not occurred. This ensures continued accountability and commitment to the All County brand standards.
In the event of the death or permanent disability of the Managing Owner, the agreement stipulates that a trained manager must be appointed within 30 days to oversee the business operations. This manager must complete All County's required initial training to ensure the business continues to operate according to the established standards. This interim manager is responsible for maintaining operations until a permanent transfer of ownership can be arranged, highlighting All County's commitment to business continuity and brand consistency.