Does the Amerispec Inspection Services Guaranty include consent to assignment of the Franchise Agreement?

According to the 2025 Amerispec Inspection Services Franchise Disclosure Document, the license agreement associated with the AmeriSpec® Management System (Software) is assignable by the franchisee only in connection with a valid assignment of the Franchise Agreement. This means that if a franchisee sells their Amerispec Inspection Services franchise to a new owner, the rights to use the software can also be transferred as part of that sale, assuming the assignment of the franchise agreement is valid.

This is a notable point for prospective franchisees because it clarifies the conditions under which the software license can be transferred. Typically, software licenses are non-transferable, but this clause makes an exception, aligning the software's usability with the ownership of the franchise. This could be beneficial when a franchisee decides to sell their business, as it ensures the new owner can continue using the essential management software without interruption.

However, it's important to note that the assignment of the software license is contingent upon a valid assignment of the Franchise Agreement. This implies that any issues preventing the legal transfer of the franchise itself would also prevent the transfer of the software license. Furthermore, the FDD specifies that the Franchise Agreement remains in full force and effect except as specifically amended by the license agreement, and any default under the license agreement is a default under the Franchise Agreement. This interrelation underscores the importance of adhering to the terms of both agreements to maintain operational compliance and avoid potential defaults.