What fees and charges must a Beehive Homes franchisee pay upon termination or expiration of the agreement?
Beehive_Homes Franchise · 2025 FDDAnswer from 2025 FDD Document
nation to Franchisee.
- 14.4. Obligations of Franchisee Upon the Occurrence of an Event of Default, Termination or Expiration. Upon occurrence of an Event of Default, termination, Election Not to Renew or expiration of this Agreement for any reason, the Franchisee shall cease to be a licensed franchisee of Franchisor and Franchisee hereby covenants:
- (a) To pay to Franchisor all fees and other charges owed or accrued to Franchisor on or before the first day of the month following the date of termination or expiration;
- (b) To pay to Franchisor a cancellation fee in the amount of Ten Thousand Dollars ($10,000.00);
- (c) Not to hold itself out as a franchisee of Franchisor and to cease all use of the Names and Marks, Trade Secrets and Copyrighted Materials;
- (d) To deliver and surrender up to Franchisor each and all of the Names and Marks, and any physical objects bearing or containing any of the Names and Marks, or, at
Franchisor's election, to obliterate or destroy any Names and Marks in Franchisee's possession;
- (e) To take all necessary steps to disassociate itself from Franchisor, including, but not limited to, the removal of signs, destruction of letterhead, disconnecting of all telephone numbers listed under any of the Names or Marks or under any confusingly similar name and, upon Franchisor's request, transferringallsuch numbers and listings to Franchisor or its designee;
- (f) To take such action as shall be necessary to amend or cancel any assumed name, business name or equivalent registration which contains any Names or Marks;
- (g) To cease all operations at the Location;
- (h) To furnish evidence satisfactoryto Franchisor of compliancewith this Section within the thirty (30) calendar days after the termination or expiration under this Agreement; and
- (i) If Franchisee fails to promptly complete any of the foregoing steps, Franchisee hereby irrevocably appoints Franchisor as its attorney-in-fact to complete the foregoing steps for and on the behalf of the Franchisee.
- 14.5. Franchisor's Right to Purchase. As additional consideration for this Agreement, Franchisee hereby gives and grants to Franchisor and its designees, the unrestricted right and option, exercisable upon the occurrence of an Event of Default described in Section 14.1 above, and subject to the notice requirements of Section 14.2 above, or upon the occurrence of an Election Not to Renew as defined in Section 5.2 of this Agreement, or termination or expiration of this Agreement, to purchase (i) all or any portion of the Personal Property (consisting of all furniture, equipment, supplies, other chattels, intangibles and other property) in use at the Home, and/or (ii) all right, title and interest of Franchisee or its Equity Owner(s) in and to the Real Property (Home). Franchisor or its designee may exercise this right and option by delivering to Franchisee a written Notice of Exercise on or before the date which is ninety (90) days after the later of (x) the occurrence of an Event of Default; or (y) the expiration of this Agreement after Franchisee's Election Not to Renew.
Source: Item 23 — RECEIPTS (FDD pages 34–123)
What This Means (2025 FDD)
According to the 2025 Beehive Homes Franchise Disclosure Document, upon the occurrence of an Event of Default, termination, election not to renew, or expiration of the agreement, a franchisee must pay several fees and fulfill certain obligations. Specifically, the franchisee is obligated to pay all outstanding fees and charges that are owed to Beehive Homes up to the first day of the month following the termination or expiration date. Additionally, a cancellation fee of $10,000 is required.
Furthermore, the franchisee must cease operating as a Beehive Homes franchisee and discontinue all use of the brand's names, marks, trade secrets, and copyrighted materials. All physical objects bearing the brand's names and marks must be surrendered to Beehive Homes, or, at Beehive Homes's discretion, be obliterated or destroyed.
In certain situations, Beehive Homes may exercise an alternative right that requires the franchisee to pay an additional transfer fee. This fee is calculated as ten times the product of 5%, 12, and the greater of two amounts: (i) the average published monthly rate per resident of the Home during the 12 months preceding the Event of Default, times the number of beds in the Home, or (ii) the average published monthly rate per resident of a comparable home in nearest geographic proximity that has been in operation for the preceding 18 months, times the number of beds in the Home. This additional transfer fee is considered an estimate of the damages to Beehive Homes resulting from the Event of Default, Election Not to Renew, or expiration.
Additionally, upon the occurrence of an Event of Default, an Election Not to Renew, or upon expiration of the Agreement, the franchisee is obligated to sell the Home and its contents within four months after receiving written notice from Beehive Homes. These financial obligations and operational changes are critical for a franchisee to understand when considering the potential end of their franchise agreement, whether through default, non-renewal, or expiration.