conditional

Does the B Bops company have to provide a reason if they withhold consent for a transfer?

B_Bops Franchise · 2025 FDD

Answer from 2025 FDD Document

of such transfer.

  • C. Other Transfers. Company will not unreasonably withhold its consent to any transfer not falling within the scope of Sections 19(A) or 19(B) above, provided that Company may in its discretion require that one or more of the following conditions be satisfied prior to, or concurrently with, the effective date of such transfer:
    • (1) The transferee shall be of good moral character and reputation, have the financial capacity to own and operate the Franchise, have business and professional qualifications reasonably acceptance to Company and otherwise meet Company's then current standards for franchisees. Franchisee shall provide Company with such information as Company may reasonably require to make such a determination regarding the proposed transferee.
    • (2) The transferee or such individual as will be responsible for management of the Franchise shall have successfully completed the training course then in effect for new franchisees (for which Company shall be entitled to impose a reasonable charge);
    • (3) The transferee, including such partners or shareholders thereof as Company may direct, shall jointly and severally execute one of the following (as Company may direct):

  • (a) a written assignment and assumption agreement, in a form satisfactory to Company, whereby the transferee assumes all of Franchisee's obligations under this Agreement; or
  • (b) the standard form of franchise agreement then being used by Company to grant new franchises; provided, however, that the term of such agreement shall be for the unexpired portion of the Term of this Agreement and that no greater payments than those required by Sections 9(B) and 9(C) of this Agreement shall be required.
    • (4) Franchisee (and such partners, shareholders or members thereof as Company may direct), or the individual partner, shareholder or members thereof proposing to make such transfer, shall execute a general release of all claims against Company and its affiliates and their respective directors, officers, agents and employees;
    • (5) Franchisee (and such partners, shareholders or members thereof as Company may direct), or the individual partner, shareholder or member proposing to make the transfer, shall execute a nondisclosure and noncompetition agreement in favor of Company containing the restrictions set forth in Sections 16 and 17 of this Agreement;
    • (6) Franchisee shall be in full compliance with the terms of this Agreement, shall have fully paid and satisfied all of Franchisee's obligations owing to Company under this Agreement and any other agreement relating to the Franchise, and shall have fully paid a transfer fee of Three Thousand Dollars ($3,000) to Company for supervisory, administrative, accounting, legal and other expenses incurred by Company in connection with such transfer;
    • (7) If transferee is a partnership, corporation or limited liability company, such entity shall have complied with each of the requirements specified in Section 20 hereof pertaining to ownership of the Franchise by an entity;
    • (8) Franchisee, or the partner, shareholder or member proposing to make such transfer, shall have complied with the right of first refusal provisions set forth in Section 19(D) hereof.

Source: Item 23 — RECEIPTS (FDD pages 53–145)

What This Means (2025 FDD)

According to B Bops's 2025 Franchise Disclosure Document, B Bops will not unreasonably withhold consent to transfers under certain conditions. Specifically, for transfers not covered in sections 13(A) or 13(B), B Bops may require certain conditions to be met before or during the transfer.

These conditions include ensuring the transferee has good moral character, the financial capacity to develop units, and business qualifications acceptable to B Bops. The transferee must also agree to assume all obligations of the developer in a written assignment. Additionally, the developer may need to execute a general release of claims against B Bops and a non-disclosure and non-competition agreement.

Furthermore, the developer must have satisfied all outstanding obligations to B Bops and paid a transfer fee of $3,000 to cover B Bops's expenses related to the transfer. The document also states that where the consent or approval of B Bops is required, such consent or approval shall not unreasonably be withheld.

In the event of death or disability of the developer, consent to transfer, including transfers by devise or inheritance, will not be unreasonably withheld, provided that the transfer complies with conditions set forth in Section 13(C), except that payment of the transfer fee shall not be required, and the legal representative need not comply with B Bops's right of first refusal if the transfer is to a member of the immediate family.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.