factual

If the Bambu franchisee is a partnership, does Bambu's approval apply to the addition or deletion of a partner?

Bambu Franchise · 2025 FDD

Answer from 2025 FDD Document

Franchisee acknowledges that Bambu's right to approve or disapprove of a proposed sale or transfer, and all other requirements and rights related to such proposed sale or transfer, as provided for above, shall apply (1) if Franchisee is a partnership or other business association, to the addition or deletion of a partner or members of the association or the transfer of any partnership or membership among existing partners or members; (2) if Franchisee is a corporation or limited liability company, to any proposed transfer or assignment of 15 percent or more of the ownership interests of Franchisee, whether such transfer occurs in a single transaction or several transactions and whether such transfer involves then issued and outstanding shares of stock or other ownership interest or newly issued shares or other ownership interest; and (3) if Franchisee is an individual, to the transfer from such individual or individuals to a corporation or other entity controlled by them, in which case Bambu's approval will be conditioned upon: (i) the continuing personal guarantee of the individual (or individuals) for the performance of obligations under this Agreement; (ii) a limitation on the corporation's or other entities' business activity to that of operating the Bambū shoppe and related activities; and (iii) other reasonable conditions.

With respect to a proposed transfer as described in subsection (1) and (3) of this Section, Bambu will waive any transfer fee chargeable to Franchisee for a transfer and the right of first refusal set forth in Section 17.4 under these circumstances.

Source: Item 23 — Receipts (FDD pages 52–209)

What This Means (2025 FDD)

According to Bambu's 2025 Franchise Disclosure Document, if the franchisee is a partnership, Bambu's approval is required for the addition or deletion of a partner. This requirement is part of Bambu's broader right to approve or disapprove of any proposed sale or transfer of the franchise.

This means that a Bambu franchisee operating as a partnership cannot simply add or remove partners without first obtaining Bambu's consent. This provision allows Bambu to maintain control over who is involved in operating a franchise and ensures that all partners meet their standards.

Bambu will waive any transfer fee chargeable to Franchisee for a transfer and the right of first refusal set forth in Section 17.4 under these circumstances. This waiver of fees and right of first refusal could reduce the financial burden on the franchisee when changes in partnership occur. Prospective franchisees should carefully consider these requirements and the potential implications for their business structure and future operations.

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.