Does the definition of 'transfer' for a Bambu franchise include the sale of assets of the shoppe?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
As used in this Agreement, the term "transfer" shall mean and include the voluntary, involuntary, direct or indirect assignment, sale, gift or other disposition by Franchisee (or any of its owners) of any interest in: (1) this Agreement; (2) the ownership of Franchisee; or (3) the shoppe or any assets of the shoppe.
Source: Item 23 — Receipts (FDD pages 52–209)
What This Means (2025 FDD)
According to Bambu's 2025 Franchise Disclosure Document, the definition of 'transfer' includes the sale of the shoppe's assets. Specifically, the term 'transfer' encompasses the voluntary, involuntary, direct, or indirect assignment, sale, gift, or other disposition by the franchisee (or any of its owners) of any interest in the franchise agreement, the ownership of the franchisee, or the shoppe or any assets of the shoppe.
This definition means that if a franchisee wants to sell the assets of their Bambu location, it is considered a transfer under the franchise agreement. As such, the franchisee must obtain Bambu's prior written consent, which Bambu will not unreasonably withhold.
This requirement allows Bambu to maintain control over who operates a Bambu franchise and ensures that any new operator meets their standards. It also protects the brand by ensuring that the assets of the shoppe are properly maintained and that the new operator is properly trained. The franchisee must comply with the transfer provisions outlined in the franchise agreement.