Can All County transfer the franchise agreement to another party?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
tated in any report to us, then you must immediately pay to us the amount understated upon demand, in addition to interest from the date such amount was due until paid, at the highest contract rate of interest permitted by law. If an inspection or audit discloses an understatement in any report of two percent (2%) or more, you shall, in addition to repayment of monies owed with interest, reimburse us for any and all costs and expenses connected with the inspection or audit, including, without limitation, the charges of attorneys and independent accountants and the travel expenses, room and board and compensation of our employees. The foregoing remedies are in addition to our other remedies and rights under this Agreement and applicable law.
20. TRANSFER AND ASSIGNMENT.
20.1. Assignment by Us. This Agreement is fully transferable by us and will inure to the benefit of any transferee or other legal successor to our interests herein.
20.2. Assignment by You. This Agreement and the Franchise are granted personally to you. You may only assign or transfer any interest or ownership that you may have in the Business with our prior written approval. Any transfer without such approval constitutes a breach of this Agreement and is void. Our approval is conditioned on the prospective transferee agreeing to sign our then-current franchise agreement with us and meeting our qualifying conditions and requirements. We will not unreasonably withhold the approval of a prospective franchisee.
20.3. Assignments. An assignment, transfer, sale, gift or other disposition includes the following events:
- 20.3.1. transfer of ownership of capital stock, partnership interest, or other equity interest in you;
20.3.2. merger or consolidation or issuance of additional securities or interests representing an ownership interest in you;
20.3.3. any issuance or sale of your stock or any security convertible to your stock to any person or entity other than an existing owner;
20.3.4. transfer of an interest in you, this Agreement or the Business in a divorce, insolvency or corporate or partnership dissolution proceeding or otherwise by operation of law;
20.3.5. transfer of an interest in you, this Agreement or the Business, in the event of your death or the death of one of your owners, by will, declaration of or transfer in trust or under the laws of intestate succession;
20.3.6. pledge of this Agreement (to someone other than us) or of an ownership interest in you as security, foreclosure upon the Business or your transfer, surrender or loss of possession, control or management of the Business; or
20.3.7. transferring any of the accounts or clients of the Business to anyone except to another ALL COUNTY® business that has been approved in writing by us or to us or our designees.
20.4. Conditions for Approval of Transfer. If you and all owners are in full compliance with this Agreement, we will approve a transfer that meets all of our applicable requirements and otherwise meets our applicable standards for ALL COUNTY® businessfranchisees. A transfer of ownership, possession or control of the Business may be made only in conjunction with a transfer of this Agreement. If the transfer is of this Agreement or a controlling interest in you, or is one of a series of transfers which in the aggregate constitute the transfer of this Agreement or a controlling interest in you, all of the following conditions must be met prior to or concurrently with the effective date of the transfer:
- 20.4.1.
Source: Item 23 — Receipts (FDD pages 43–157)
What This Means (2025 FDD)
According to All County's 2025 Franchise Disclosure Document, franchisees can transfer their franchise agreement, but only with All County's prior written approval. Any transfer without this approval is considered a breach of the agreement and is void. All County states that they will not unreasonably withhold approval of a prospective franchisee.
To gain approval for a transfer, the prospective transferee must agree to sign All County's current franchise agreement and meet their qualifying conditions and requirements. The franchisee must be in full compliance with the existing agreement. This includes paying all royalties, advertising fees, and other amounts owed to All County or third-party creditors, as well as submitting all required reports and statements. The transferee must also have the necessary character, skills, experience, and financial capacity to operate the business.
Several conditions must be met before or during the transfer, including the transferee's Managing Owner completing training to All County's satisfaction. The franchisee and their transferring owners must also execute a general release of any claims against All County. A transfer fee of $10,000 is required, along with reimbursement for All County's legal and administrative costs. This fee is waived if the transfer is among owners or first or second-degree relatives, but legal and administrative costs still apply. Additionally, the transferee must pay a $2,500 Transferee Administrative Fee.
If a franchisee wants All County to assist in the transfer of the business to a third party, they may request assistance, which All County may or may not agree to provide. If All County does assist, the franchisee must pay a $25,000 Transfer Assistance Fee. These stipulations ensure that All County maintains control over who operates franchises and that the brand's standards are upheld even when ownership changes.