Can the Beehive Homes franchisor transfer the agreement by operation of law?
Beehive_Homes Franchise · 2025 FDDAnswer from 2025 FDD Document
13.1.
Transfer by Franchisor.
This Agreement and any rights, duties or assets of Franchisor hereunder may be assigned or transferred by operation of law or otherwise by Franchisor hereunder, and if so assigned or transferred, shall be binding upon and inure to the benefit of Franchisor's successors and assigns.
However, no assignment or transfer shall be made by Franchisor except to an assignee or transferee who in the good faith judgment of Franchisor is willing and able to assume Franchisor's duties under this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 34–123)
What This Means (2025 FDD)
According to Beehive Homes' 2025 Franchise Disclosure Document, Beehive Homes as the franchisor can transfer the franchise agreement and its associated rights, duties, or assets either through operation of law or by other means. If such a transfer occurs, the agreement will remain binding and will benefit Beehive Homes' successors and assigns. However, Beehive Homes is restricted from making any assignment or transfer to an assignee or transferee who, in Beehive Homes' good faith judgment, is not willing and able to assume Beehive Homes' duties under the agreement. This clause ensures that any transfer of the franchise by Beehive Homes will be to a party capable of fulfilling the obligations of the franchisor, maintaining the integrity of the franchise system.
For a prospective franchisee, this means that the entity they initially contract with as Beehive Homes may change over the term of the agreement. This transfer could occur due to a sale of the company, a merger, or other legal reasons. While the agreement remains in effect, the new franchisor must be capable of fulfilling the obligations outlined in the franchise agreement. This provides some assurance that the standards and support expected from Beehive Homes will continue even if the ownership or structure of the franchising entity changes.
This is a fairly standard clause in franchise agreements, allowing the franchisor flexibility in managing its business. However, it's important for the franchisee to understand that the relationship they initially establish may evolve. Franchisees should pay attention to any notices or communications from Beehive Homes regarding changes in ownership or management to understand who they are dealing with and how it might affect their franchise operations.