factual

In the context of a Beehive Homes franchise assignment, what does 'Assignee' refer to?

Beehive_Homes Franchise · 2025 FDD

Answer from 2025 FDD Document

IMITED LIABILITY COMPANY]

| | This Assignment and Consent to Assignment of Franchise to a | | |-----------------------------------|----------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | | [Corporation/Partnership/Limited Liability Company], dated, 2025 | | | ("Assignment"), is by and among | "Assignor"); [Corporation/Partnership/LLC Name], a [corporation/partnership/limited liability company] ("Assignee"); and those | BEE HIVE HOMES, INC., a Utah corporation ("Bee Hive Homes"); and (collectively, the | | [shareholders/partners/members] | | of Assignee (individually ["Shareholder"/"Partner"/"Member"] and collectively ["Shareholders"/"Partners"/"Members"]) listed on Exhibit A attached hereto and | | incorporated herein by reference. | Recitals | | | (the "Franchise"). | | A. Bee Hive Homes or its predecessor in interest issued to Assignor or its predecessor(s) in interest a Franchise Agreement dated (the "Franchise Agreement"), for the Bee Hive Homes Franchise located at | | Assignee. | | B. Assignor requests Bee Hive Homes' consent to transfer the rights in the Franchise to | | | Homes' consent to this Assignment is required under the terms of the Franchise Agreement. Agreement | C. Assignor, Assignee, and [Shareholders/Partners/Members] acknowledge that Bee Hive | | as follows: | | The parties, intending to be legally bound and for good and valuable consideration, agree 1. The effective date of this Assignment is ("Effective Date"). | | Agreement and this Assignment. | | 2. Bee Hive Homes consents to this Assignment subject to the provisions of the Franchise | | | Assignor in the Franchise to Assignee, subject to the provisions of the Franchise Agreement. | 3. On the Effective Date, Assignor assigns and transfers all the right, title, and interest of | 4. Assignee must pay all fees and perform all obligations under the Franchise Agreement.

  1. Assignor agrees to remain personally bound by, and personally liable for the breach of, each and every provision of the Franchise Agreement, both monetary obligations and obligations to take or refrain from taking specific actions or to engage or refrain from engaging in specific activities, and is not released from any obligations to Bee Hive Homes by this Assignment. After the date of this Assignment, all references to Franchisee in the Franchise Agreement shall refer to both Assignor and Assignee both jointly and severally.

[Alternate paragraph to be used for Assignment to Corporation.]

    1. Without the prior written consent of Bee Hive Homes, Assignor, Assignee, and Shareholders may not, either voluntarily or by operation of law, make or permit:
    • a) any further transfer or assignment of the Franchise or the Franchise Agreement;
    • b) any pledge or encumbrance of the Franchise;
    • c) any assignment, transfer, or pledge of any equity interest in Assignee including, but not limited to, transfers in any entity that is a Shareholder;
      • d) the creation of new or additional equity interests in Assignee; or
    • e) any amendment of the terms of any organizational documents relating to Assignee.

Equity interests, as used in this Assignment, include direct or indirect equity or beneficial interests in Assignee and the business risks associated with the Franchise including, but not limited to, interests stated as debt that include any type of risk-taking interest or any interest in the profits or appreciation of the Home.

[Alternate paragraph to be used for Assignment to Partnership.]

Source: Item 23 — RECEIPTS (FDD pages 34–123)

What This Means (2025 FDD)

According to the 2025 Beehive Homes Franchise Disclosure Document, in the context of an assignment, the 'Assignee' refers to the entity to which the Beehive Homes franchise rights are being transferred. This entity can be a corporation, partnership, or limited liability company. The Assignee is responsible for paying all fees and fulfilling all obligations outlined in the original Franchise Agreement.

Beehive Homes requires that the Assignee, along with the Assignor (the original franchisee) and any associated shareholders, partners, or members, obtain prior written consent from Beehive Homes before making any further transfers or assignments of the franchise. This also applies to pledging or encumbering the franchise, transferring equity interests in the Assignee, creating new equity interests, or amending organizational documents related to the Assignee. These restrictions ensure that Beehive Homes maintains control over who operates its franchises and that the standards of the franchise system are upheld.

Furthermore, Beehive Homes clarifies that it has not reviewed the Assignee's organizational documents and that its consent to the assignment does not constitute approval of these documents. If any conflicts arise between the Assignee's documents and the provisions of the assignment or Beehive Homes' ownership policies, the terms of the assignment will take precedence. This protects Beehive Homes' interests and ensures compliance with its franchise agreement.

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.