Where can I find information about the death or disability of a Beard Papas franchisee?
Beard_Papas Franchise · 2025 FDDAnswer from 2025 FDD Document
| q. Non-competition covenants during the term of the franchise | Not applicable | Not applicable as to Multi-Unit Development Agreement. However, each Shop developed pursuant to Multi-Unit Development Agreement will be subject to non-competition covenants set forth in each respective Franchise Agreement. |
|---|---|---|
| r. Non-competition covenants after the franchise is terminated or expires | Not applicable | Not applicable as to Multi-Unit Development Agreement. However, each Shop developed pursuant to Multi-Unit Development Agreement will be subject to non-competition covenants set forth in each respective Franchise Agreement. |
| s. Modification of the agreement | 5.3, 7.11 | Only by written agreement between you and us or if governing law requires a modification. We can change the form of the Franchise Agreement for future Shops which will not alter your obligations under the Multi- Unit Development Agreement. |
| t. Integration/merger clauses | 7.12 | The Multi-Unit Development Agreement is the entire agreement between you and us relating to the development of the Exclusive Territory. Notwithstanding the foregoing, nothing in any agreement is intended to disclaim the express representations made in the Franchise Disclosure Document, its exhibits and amendments. Subject to state law. |
| u. Dispute resolution by arbitration or mediation | 7.5, 7.6 | Except for certain claims for injunctive relief, all disputes must first be submitted to non-binding mediation in Los Angeles County, California and, if mediation is unsuccessful, then to binding arbitration in Los Angeles County, California. This provision is subject to applicable state law. |
| v. Choice of forum | 7.5, 7.6 | All mediation, arbitration and, if applicable, litigation proceedings must be conducted in, or closest to, State court of general jurisdiction that is within or closest to Los Angeles County, California or, if appropriate, the United States District Court nearest to our corporate headquarters at the time such action is filed. This provision is subject to applicable state law. |
| w. Choice of law | 7.5, 7.6 | California law will govern. However, this provision is subject to state law and as otherwise disclosed in Exhibit I to this Disclosure Document. |
| m. | Conditions for franchisor's approval of transfer | 14.C. |
| n. | Franchisor's right of first refusal to acquire franchisee's business | 14.F. |
| o. | Franchisor's option to purchase | Not |
| franchisee's business | applicable | |
| p. | Death or disability of franchisee | 14.D. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 43–51)
What This Means (2025 FDD)
According to Beard Papas's 2025 Franchise Disclosure Document, Item 17 outlines the terms for renewal, termination, transfer, and dispute resolution. The table within Item 17 provides a summary of key provisions in the Multi-Unit Development Agreement. Specifically, section 'p' in the table indicates that information regarding the death or disability of a Beard Papas franchisee can be found in section 14.D of the franchise agreement.
This reference to section 14.D suggests that the franchise agreement contains specific clauses addressing procedures and rights related to the transfer or handling of the franchise in the event of the franchisee's death or disability. This is a standard inclusion in franchise agreements to ensure business continuity and protect the interests of both the franchisor and the franchisee's estate or successors.
A prospective Beard Papas franchisee should carefully review section 14.D of the franchise agreement to understand the specific requirements, options, and obligations in case of death or disability. This includes understanding who has the right to take over the franchise, the process for transferring ownership, and any financial implications or restrictions that may apply. Consulting with a legal professional is advisable to fully comprehend the implications of these clauses.