What is the definition of 'Heirs' in the context of the Angry Chickz franchise agreement?
Angry_Chickz Franchise · 2025 FDDAnswer from 2025 FDD Document
If Franchisee shall purport to make any Assignment without the prior written consent of Company; provided, however, on condition that the Franchised Business continues to be operated in conformity with this Agreement (a) upon prompt written request and upon the death or legal incapacity of a Franchisee who is an individual, Company shall allow up to 6 months after such death or legal incapacity for the heirs, personal representatives, or conservators (the "Heirs") of Franchisee either (i) assume this Agreement or at Company's discretion, execution Company's then current form of franchise agreement, if Company is subjectively satisfied that the Heirs meet the Standards, or (ii) if not so satisfied, to allow the Heirs to sell the Franchised Business to a person approved by Company, or (b) upon prompt written request and upon the death or legal incapacity of an Owner owning 20% or more of the Equity or voting power of a corporate or limited liability company Franchisee, or a general or limited partner owning 20% or more of any of the Partnership Rights of a Franchisee which is a Partnership, Company shall allow a period of up to 6 months after such death or legal incapacity for the Heirs to seek and obtain Company's consent to the transfer or Assignment of such stock, membership interests or Partnership Rights to the Heirs or to another person acceptable by Company.
Source: Item 22 — CONTRACTS (FDD page 54)
What This Means (2025 FDD)
According to the 2025 Angry Chickz Franchise Disclosure Document, the term "Heirs" refers to the heirs, personal representatives, or conservators of a deceased or legally incapacitated franchisee. This definition is relevant in the context of transferring or assigning the franchise agreement upon the death or legal incapacity of the franchisee.
Specifically, if a franchisee who is an individual dies or becomes legally incapacitated, Angry Chickz will allow the Heirs up to 6 months to either assume the existing franchise agreement or execute Angry Chickz's then-current form of franchise agreement, provided that Angry Chickz is subjectively satisfied that the Heirs meet the brand's standards. Alternatively, if Angry Chickz is not satisfied with the Heirs, they may allow the Heirs to sell the franchised business to a person approved by Angry Chickz.
Similarly, if an owner holding 20% or more of the equity or voting power of a corporate or limited liability company franchisee (or a similar stake in a partnership) dies or becomes legally incapacitated, Angry Chickz will allow the Heirs up to 6 months to seek consent for the transfer or assignment of such interests to the Heirs or another person acceptable to Angry Chickz. If the Heirs fail to meet these conditions within the 6-month period, the franchise agreement will automatically terminate.
This clause provides a limited window for the deceased or incapacitated franchisee's family to potentially continue operating the Angry Chickz franchise or to sell it, subject to Angry Chickz's approval. It is important for prospective franchisees to understand these conditions, as they dictate the future of the franchise in the event of death or legal incapacity.