What specific article of the Bang Cookies Franchise Agreement addresses conditions for approval of transfer?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
14.C. CONDITIONS FOR APPROVAL OF TRANSFER
Provided Franchisee and each Owner and Spouse, respectively, are in substantial compliance with this Agreement and the Ancillary Agreements, and Franchisor does not elect to exercise Franchisor's right of first refusal as set forth in Article 14.F. below, Franchisor shall not unreasonably withhold its approval of a Transfer by Franchisee or an Owner. The proposed transferee (including such assignee's owner(s) and spouse(s) if the proposed transferee is a Corporate Entity) must be of good moral character, have sufficient business experience, aptitude and financial resources to own and operate a Bang Cookies Shop, and otherwise meet Franchisor's then applicable standards for franchisees as determined by Franchisor in its sole, but reasonable discretion. Furthermore, the proposed transferee and the proposed transferee's owners and spouses may not own or operate, or intend to own or operate, a Competitive Business. Franchisee agrees that Franchisor may condition approval of a Transfer upon Franchisee's satisfaction (either before, or contemporaneously with, the effective date of the Transfer) of the following:
- (1) Franchisee must provide written notice to Franchisor of the proposed Transfer of this Agreement at least 30 days prior to the Transfer, and Franchisee must have also satisfied the obligations set forth in Article 14.F. below;
- (2) All accrued monetary obligations of Franchisee and all other outstanding obligations to Franchisor and/or Franchisor's affiliates under this Agreement and the Ancillary Agreements must be satisfied in a timely manner, and Franchisee must satisfy all trade, supplier, and vendor accounts
and other debts, of whatever nature or kind, in a timely manner;
(3) Franchisee, each Owner, and each Spouse must not be in default or material breach of this Agreement or the Ancillary Agreements;
(4) The transferee shall be bound by all terms and conditions of this Agreement, and each owner of the transferee and their respective spouses shall personally execute the Franchise Owner and Spouse Agreement and Guaranty in the form attached to this Agreement as Exhibit 1.
- (11) Franchisee must pay a fixed sum of $15,000 to Franchisor (the "Transfer Fee");
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies's 2024 Franchise Disclosure Document, Article 14.C of the Franchise Agreement outlines the conditions for approval of a transfer. This section specifies the requirements that both the franchisee and the proposed transferee must meet for Bang Cookies to approve the transfer of the franchise.
The conditions include the franchisee's substantial compliance with the Franchise Agreement and Ancillary Agreements, as well as Bang Cookies's right of first refusal. The proposed transferee must demonstrate good moral character, sufficient business experience, aptitude, and financial resources to operate a Bang Cookies shop. They must also meet Bang Cookies's standards for franchisees and not own or operate a competitive business.
Furthermore, Bang Cookies may require the franchisee to fulfill several obligations before the transfer is approved. These include providing written notice at least 30 days prior to the transfer, satisfying all outstanding financial obligations to Bang Cookies, and ensuring that neither the franchisee nor their owners are in default of the Franchise Agreement. The transferee must also agree to be bound by the terms of the Franchise Agreement, and their owners must execute the Franchise Owner and Spouse Agreement and Guaranty. The franchisee must pay a $15,000 transfer fee to Bang Cookies. These stipulations ensure that any transfer maintains the standards and financial stability of the Bang Cookies franchise system.