factual

For a Beehive Homes franchise, what is the amount of the non-refundable transfer fee?

Beehive_Homes Franchise · 2025 FDD

Answer from 2025 FDD Document

he proposed transfer;

  • (b) Franchisee or its Equity Owner(s) proposing the Transfer shall pay to Franchisor at the date of closing of the Transfer a commission equal to six percent (6%) of the gross transfer price if Franchisor or its Affiliate finds or introduces the proposed transferee to Franchisee or its Equity Owner(s);
  • (c) Franchisee or its Equity Owner(s) proposing the Transfer shall remedy all defaults under this Agreement and all other agreements they may have with Franchisor or its Affiliates; shall pay all amounts due to Franchisor and its Affiliates through the date of closing of the Transfer; shall conclude to Franchisor's satisfaction, or provide adequate security for, any suit, action, or proceeding pending or threatened against Franchisor or its Affiliates, which may result in any liability on the part of Franchisor or its Affiliates; and shall execute Franchisor's then current form of voluntary termination agreement, which may include a general release, covering termination of this Agreement; and
  • (d) Transferee or its Equity Owner(s) shall meet all of Franchisor's then current requirements for new franchisees; shall submit to Franchisor all information reasonably requested by Franchisor to determine qualification as transferees; and shall execute Franchisor's then current form of new franchise agreement and all ancillary forms, including the Franchisor's Guarantee and Assumption Agreement by the transferee's EquityOwner(s), if any.
  • 13.5. Unauthorized Transfer. If Franchisee engages in an Unauthorized Transfer as provided in Section 13.2 or Section 13.6, Franchisee hereby covenants and promises to pay to Franchisor, in addition to all other costs and expenses provided for in this Agreement, an additional transfer fee in an amount equal to ten (10) times [5% times [12 times [the greater of (i) the average published monthly rate per resident of the Home during the 12 months preceding the Unauthorized Transfer, times the number of beds in the Home, or (ii) the average published monthly rate per resident of the home which has been in operation for the preceding 18 month and is in nearest geographic proximity to the Home , times the number of beds in the Home]]]. The parties hereto agree that this additional transfer fee is not a penalty, but the parties' best estimate of the anticipated damage to Franchisor resulting from the Unauthorized Transfer.

In addition to the foregoing, Franchisee or its Equity Owner(s) proposing the Unauthorized Transfer shall pay to Franchisor at the date of closing of the Transfer a commission equal to six percent (6%) of the gross transfer price if Franchisor or its Affiliate finds or introduces the proposed transferee to Franchisee or its Equity Owner(s)

13.6. Right of First Refusal. Franchisee hereby gives and grants to Franchisor and its designees an unrestricted right of first refusal with respect to any proposed Transfer, excluding Permitted Transfers, by Franchisee and/or its Equity Owner(s) (the "Transferor") of any Equity Interest. Transferor shall deliver written notice of the proposed Transfer to Franchisor, together with an executed copy of the valid, enforceable purchase agreement for the Transfer. Franchisor shall have until the sixtieth (60 th) day after receipt of the written notice of the proposed Transfer and the purchase agreement from the Transferor in which to elect to exercise this right of first refusal by delivery of a written notice of election to Transferor. If Franchisor elects to exercise its right of first refusal it shall do so in accordance with the terms and conditions of the purchase agreement; provided, however, that Franchisor shall have a minimum of thirty (30) days after the delivery of

the notice of election in which to make any payments which might sooner be required under the purchase agreement. If Franchisor does not elect to exercise its right of first refusal, the Transferor may proceed with the proposed Transfer to the proposed transferee named in and in accordance with the terms and conditions of the purchase agreement and subject to Section 13.2 of this Agreement. However, if the proposed Transfer is not completed in accordance with the terms and conditions of the purchase agreement, the requirements of this Section shall again apply to the proposed Transfer and must again be complied with. The parties hereto acknowledge and agree that any exercise of this right of first refusal shall be subordinate to and subject to any lien of the Small Business Administration.

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

What This Means (2025 FDD)

According to Beehive Homes' 2025 Franchise Disclosure Document, there are two types of transfer fees: one for permitted transfers and another for unauthorized transfers. For a permitted transfer, the franchisee must pay a nonrefundable processing fee of $2,500.00 along with the Permitted Transfer Request. This fee must be paid when the franchisee or its Equity Owner(s) delivers a written notice to Beehive Homes at least thirty days before the proposed transfer.

For an unauthorized transfer, the franchisee must pay an additional transfer fee. This fee is calculated as ten times the product of 5%, 12, and the greater of two values: (i) the average published monthly rate per resident of the Home during the 12 months preceding the Unauthorized Transfer, times the number of beds in the Home, or (ii) the average published monthly rate per resident of the home which has been in operation for the preceding 18 months and is in nearest geographic proximity to the Home, times the number of beds in the Home. Beehive Homes states that this additional transfer fee is not a penalty but is the parties' best estimate of the anticipated damage to Beehive Homes resulting from the Unauthorized Transfer.

It is important to note that the FDD also mentions that Beehive Homes derives revenue from nonrefundable transfer fees, which are charged to existing franchisees when they want to transfer their franchise license to another franchisee. These fees reimburse Beehive Homes for legal, accounting, credit, and investigation expenses incurred in support of facilitating the transfer and are earned and recognized at the time of the transfer.

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.