Does the Aw Franchise Agreement inure to the benefit of any assignee of the company?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
- 14.1 Assignment by the Company. This Agreement and the Franchise are fully assignable by us and will inure to the benefit of any assignee or other legal successor to the interest of the Company herein.
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, the franchise agreement is fully assignable by Aw, and it will benefit any assignee or other legal successor to Aw's interest in the agreement. This means that if Aw assigns the agreement to another party, that party will inherit the benefits of the agreement.
This clause is typical in franchise agreements, as it allows the franchisor to transfer its rights and obligations under the agreement to another entity, such as in the event of a sale of the company. For a franchisee, this means that the franchisor they initially contracted with may change over the term of the agreement. The new franchisor will then be responsible for upholding the terms of the franchise agreement.
However, the agreement also stipulates that franchisees cannot freely assign their rights and duties under the agreement without prior written approval from Aw. Aw grants franchises based on the individual or collective character, skill, aptitude, attitude, business ability, and financial capacity of the franchisee and their owners. Any assignment or transfer without Aw's prior written approval constitutes a breach of the agreement and conveys no rights or interests in the franchise.