Who supervises the Baya Bar outlet(s) and remaining development schedule immediately after the death or permanent disability of the Developer?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
permanent disability" means a mental or physical disability, impairment or condition that is reasonably expected to prevent or actually does prevent such person from providing continuous and material supervision of the operation of Developer's Baya Bar outlet(s) and remaining development schedule during the six (6)-month period from its onset.
Immediately after the death or permanent disability of such person, or while the rights granted under this Agreement is owned by an executor, administrator, guardian, personal representative or trustee of that person, the Developer's Baya Bar outlet(s) and remaining development schedule shall be supervised by an interim successor manager satisfactory to Franchisor, or Franchisor, in its sole discretion, may provide interim management at a fee equal to twenty percent (20%) of the Gross Revenue generated by the Developer's Baya Bar outlet(s) during Franchisor's operation thereof, plus any and all costs of travel, lodging, meals and other expenses reasonably incurred by Franchisor, pending transfer of the Developer's Baya Bar outlet(s) and remaining development schedule to the deceased or disabled individual's lawful heirs or successors.
7. DEFAULT AND TERMINATION.
7.1 Default and Automatic Termination.
Source: Item 23 — RECEIPTS (FDD pages 56–189)
What This Means (2024 FDD)
According to Baya Bar's 2024 Franchise Disclosure Document, in the event of the death or permanent disability of the Developer, the Baya Bar outlet(s) and the remaining development schedule will be supervised by an interim successor manager who is satisfactory to Baya Bar. Alternatively, Baya Bar has the option, at its sole discretion, to provide interim management.
If Baya Bar chooses to provide interim management, the Developer’s estate will incur a fee. This fee is equal to 20% of the gross revenue generated by the Baya Bar outlet(s) during the period of Baya Bar's operation. Additionally, the Developer's estate is responsible for covering any and all costs of travel, lodging, meals, and other expenses reasonably incurred by Baya Bar during this interim management period.
This arrangement remains in effect until the Baya Bar outlet(s) and the remaining development schedule are transferred to the deceased or disabled individual's lawful heirs or successors. The FDD specifies that a 'permanent disability' is defined as a mental or physical condition that prevents the person from providing continuous and material supervision of the Baya Bar outlet(s) and the remaining development schedule during the six-month period from its onset.