Is the transfer of an interest in the All County franchise by declaration of trust considered an assignment?

According to All County's 2025 Franchise Disclosure Document, a transfer of interest in the franchise by declaration of trust is considered an assignment. Specifically, the FDD states that an assignment, transfer, sale, gift, or other disposition includes the transfer of an interest in the franchisee, the Franchise Agreement, or the business in the event of death, by will, declaration of, or transfer in trust.

This means that if a franchisee plans to transfer their All County franchise interest through a trust, it will be treated as an assignment under the franchise agreement. As such, the franchisee must obtain prior written approval from All County. This approval is conditional on the prospective transferee agreeing to sign All County's then-current franchise agreement and meeting their qualifying conditions and requirements. All County states that they will not unreasonably withhold approval of a prospective franchisee.

This provision ensures that All County maintains control over who operates its franchises, even in cases of estate planning or unforeseen circumstances. The requirement for the transferee to meet All County's standards and sign a current franchise agreement protects the brand and ensures consistent operation across all franchise locations. Franchisees should carefully consider these requirements when planning for the future of their business and consult with All County to ensure compliance with the transfer conditions.