What option described in Section 19.3 must a Bambu franchisee abide by if exercised by Bambu after termination or expiration?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
- i.
Abide by all restrictive covenants set forth in Article 21 of this Agreement and, if exercised by Bambu, Bambu's option to purchase described in Section 19.3 of this Agreement.
Source: Item 23 — Receipts (FDD pages 52–209)
What This Means (2025 FDD)
According to Bambu's 2025 Franchise Disclosure Document, if Bambu exercises its option to purchase the Bambū shoppe after termination or expiration of the franchise agreement, the franchisee must abide by the terms outlined in Section 19.3. This includes signing all necessary transfer documents for the purchase of the Bambū shoppe by Bambu. These documents will contain customary representations and warranties from the franchisee regarding ownership, condition, and title to the assets being transferred.
Furthermore, the franchisee is obligated to transfer all assets free and clear of any liens or encumbrances, and they are responsible for paying all sales and transfer taxes. The franchisee and their owners must also sign general releases, in a form satisfactory to Bambu, releasing any and all claims against Bambu and its related parties.
During the period in which Bambu is deciding whether to exercise its purchase option and until the closing takes place, the franchisee must continue to operate the Bambū shoppe according to the terms of the franchise agreement. A condition of closing is that the Bambū shoppe remains open during this time. These obligations ensure a smooth transition if Bambu decides to purchase the franchise back, and protect Bambu's interests by requiring the franchisee to maintain operations and transfer the business without any encumbrances or outstanding claims.