In the event of a transfer of a Bambu franchise due to death or disability, are the transfers subject to the same terms and conditions as other transfers?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
Upon the death or permanent disability of Franchisee (or the individual controlling Franchisee entity), the executor, administrator, conservator, guardian or other personal representative of such person shall transfer Franchisee's interest in this Agreement or such interest in Franchisee entity to a third party approved by Bambu.
Such disposition of this Agreement or such interest (including, without limitation, transfer by bequest or inheritance) shall be completed within a reasonable time, not to exceed 180 days from the date of death or permanent disability, and shall be subject to all terms and conditions applicable to transfers contained in this Article 17.
Failure to transfer the interest in this Agreement or such interest in Franchisee entity within said period of time shall constitute a breach of this Agreement.
For the purposes hereof, the term "permanent disability" shall mean a mental or physical disability, impairment or condition that is reasonably expected to prevent or actually does prevent Franchisee or the owner of a controlling interest in Franchisee entity from supervising the management and operation of the Bambū shoppe for a period of 120 days from the onset of such disability, impairment or condition.
In any event, there shall at all times be a Bambū Certified Team Leader designated to be responsible for the management of the shoppe on a full-time basis who has complied with all of Bambu's training requirements, regardless of any death or disability covered in this Section.
Source: Item 23 — Receipts (FDD pages 52–209)
What This Means (2025 FDD)
According to Bambu's 2025 Franchise Disclosure Document, transfers of a franchise due to death or permanent disability are subject to the same terms and conditions as other transfers. Specifically, upon the death or permanent disability of the franchisee (or the individual controlling the franchisee entity), the executor, administrator, conservator, guardian, or other personal representative must transfer the franchisee's interest to a third party approved by Bambu.
This transfer must be completed within a reasonable timeframe, not exceeding 180 days from the date of death or permanent disability. Failure to transfer the interest within this period constitutes a breach of the Franchise Agreement. The term "permanent disability" is defined as a mental or physical condition that prevents the franchisee or the owner of a controlling interest from supervising the Bambu shop for at least 120 days from the onset of the condition.
Regardless of any death or disability, a Bambu Certified Team Leader must always be designated to manage the shop full-time and meet all of Bambu's training requirements. This ensures continuity of operations and adherence to Bambu's standards. The FDD specifies that the disposition of the Franchise Agreement or interest, including transfer by bequest or inheritance, is subject to all terms and conditions applicable to transfers as outlined in Article 17 of the agreement.