After termination or expiration of the Beehive Homes franchise agreement, what happens to the rights and obligations of the parties?
Beehive_Homes Franchise · 2025 FDDAnswer from 2025 FDD Document
mes 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. This right and option is in addition to any other remedies available to Franchisor at law or pursuant to this Agreement.
The exercise price for the Personal Property shall be the tax basis of such property then shown on Franchisee's books and records for federal income tax purposes. Franchisee covenants and agrees that it will not, without the prior written consent of Franchisor, remove any of the Personal Property from the Home prior to the expiration of this right and option.
The exercise price for the Real Property comprising the Home shall be the Franchisee's and/or its Equity Owner's initial cost of the Real Property, including approved debt financing.
The exercise price for this right and option shall be paid within ninety (90) days after delivery of the Notice of Exercise to the Franchisee and shall be applied (i) first, to the satisfaction of any lien of the Small Business Administration;
Source: Item 23 — RECEIPTS (FDD pages 34–123)
What This Means (2025 FDD)
According to the 2025 Beehive Homes Franchise Disclosure Document, upon the expiration or termination of the franchise agreement, the franchisee has several obligations. Beehive Homes may elect to purchase the personal property in use at the Home and/or all right, title, and interest of Franchisee or its Equity Owner(s) in and to the Real Property (Home).
The franchisee must take steps to disassociate from Beehive Homes, which includes removing signs, destroying letterhead, and disconnecting phone numbers listed under Beehive Homes' names or marks. Upon request from Beehive Homes, the franchisee must transfer all such numbers and listings to Beehive Homes or its designee. The franchisee must also take action to amend or cancel any assumed name, business name, or equivalent registration that contains any of Beehive Homes' names or marks, and cease all operations at the location.
The franchisee is required to furnish satisfactory evidence of compliance with these requirements within 30 calendar days after termination or expiration. If the franchisee fails to complete these steps, they irrevocably appoint Beehive Homes as their attorney-in-fact to complete these actions on their behalf. Additionally, upon expiration of the Agreement, the Franchisee may be obligated to pay Beehive Homes an additional transfer fee 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 Event of Default, 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]]].