What happens if an All States M.E.D. franchisee is in default of their agreement when seeking a successor franchise?
All_States_M_E_D Franchise · 2024 FDDAnswer from 2024 FDD Document
n-current standards and specifications;
- 4.2.3 Franchisee has satisfied all monetary obligations owed by Franchisee to Franchisor (or any Affiliate), and has timely met these obligations throughout the term of this Agreement;
- 4.2.4 Franchisee is not in default of any provision of this Agreement or any other agreement between Franchisee and Franchisor;
- 4.2.5 Franchisee has given written notice of its intent to operate a successor franchise to Franchisor not less than nine (9) months nor more than twelve (12) months prior to the end of the term of this Agreement;
- 4.2.6 Franchisee has executed Franchisor's then-current form of franchise agreement (or has executed other documents at Franchisor's election that modify this Agreement to reflect the fact that the Franchise Agreement relates to the grant of a successor franchise), which franchise agreement shall supersede this Agreement in all respects, and the terms of which may differ from the terms of this Agreement by requiring, among other things, a different percentage Royalty Fee; provided, however, that Franchisee shall not be required to pay the then-current Franchise Fee;
- 4.2.7 Franchisee has complied with Franchisor's then-current qualifications for a new franchisee and has agreed to comply with any training requirements;
- 4.2.8 Franchisee has executed a general release, in a form the same as or similar to the General Release attached as Schedule 1, of any and all claims against Franchisor, any Affiliate and against their officers, directors, shareholders, managers
Source: Item 23 — RECEIPTS (FDD pages 44–174)
What This Means (2024 FDD)
According to the 2024 All States M.E.D. Franchise Disclosure Document, a franchisee must not be in default of any provision of the Franchise Agreement or any other agreement between the franchisee and All States M.E.D. to be eligible to operate a successor franchise.
To qualify for a successor franchise, the franchisee must also provide written notice of their intent to operate a successor franchise to All States M.E.D. not less than nine months nor more than twelve months before the end of the current agreement's term. Additionally, the franchisee needs to execute All States M.E.D.'s current franchise agreement form, which may have different terms, including a potentially different royalty fee percentage, although the franchisee won't be required to pay the then-current franchise fee.
Furthermore, the franchisee must meet All States M.E.D.'s current qualifications for new franchisees, agree to any training requirements, execute a general release of claims against All States M.E.D. and related parties, and pay a renewal fee of $10,000. Meeting all these conditions is essential for a franchisee to be considered for a successor franchise with All States M.E.D.