When transferring an Alloy franchise, what document are franchisees required to sign, and is this requirement enforceable under California law?
Alloy Franchise · 2025 FDDAnswer from 2025 FDD Document
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- You must sign a general release if you transfer your franchise. This provision may be unenforceable under California law. California Corporations Code 31512 voids a waiver of your rights under the Franchise Investment Law (California Corporations Code 31000 through 31516). Business and Professions Code 20010 voids a waiver of your rights under the Franchise Relations Act (Business and Professions Code 20000 through 20043).
Source: Item 23 — RECEIPTS (FDD pages 69–245)
What This Means (2025 FDD)
According to Alloy's 2025 Franchise Disclosure Document, if you transfer your Alloy franchise in California, you must sign a general release. However, the FDD stipulates that this requirement may not be enforceable under California law. This is because California Corporations Code 31512 voids any waiver of rights under the Franchise Investment Law (California Corporations Code 31000 through 31516), and Business and Professions Code 20010 voids any waiver of rights under the Franchise Relations Act (Business and Professions Code 20000 through 20043).
In practical terms, this means that while Alloy requires a general release as part of the transfer process, California law may protect franchisees from unknowingly waiving their legal rights. The purpose of these protections is to ensure that franchisees are not pressured into relinquishing rights they are legally entitled to under California franchise laws.
Prospective Alloy franchisees in California should be aware of these protections and consult with legal counsel to fully understand their rights and obligations when transferring a franchise. It is important to carefully review any documents related to the transfer, including the general release, to ensure compliance with California law and to protect their interests.