factual

Can Beehive Homes transfer the Franchise Agreement to another party?

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.]

    1. Without the prior written consent of Bee Hive Homes, Assignor, Assignee, and Partners 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 Partner;
      • d) the creation of new or additional equity interests in Assignee;
    • e) the change of a limited partnership interest to a general partnership interest or of a general partnership interest to a limited partnership interest; or
    • f) any amendment of the terms of any partnership agreement or other 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 Home 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 Limited Liability Company.]

    1. Without the prior written consent of Bee Hive Homes, Assignor, Assignee, and Members 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 Member;
      • d) the creation of new or additional equity interests in Assignee; or
    • e) any amendment of the terms of any operating agreement or other organizational documents relating to Assignee.

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

What This Means (2025 FDD)

According to Beehive Homes' 2025 Franchise Disclosure Document, franchisees can transfer their rights in the Franchise Agreement to another party, but only with Beehive Homes' prior written consent. Specifically, the consent is required from Beehive Homes for any further transfer or assignment of the franchise or the Franchise Agreement. This requirement applies whether the transfer is voluntary or occurs by operation of law.

This consent requirement extends to various scenarios, including assignments to a corporation, partnership, or limited liability company. In each of these cases, the assignor, assignee, and relevant equity holders (shareholders, partners, or members) must obtain Beehive Homes' approval before any transfer or assignment can occur. This also includes any pledge or encumbrance of the franchise, any assignment, transfer, or pledge of equity interest in the assignee, the creation of new equity interests in the assignee, or any amendments to the organizational documents of the assignee.

Furthermore, if Beehive Homes does locate a potential buyer, the franchisee will be required to pay Beehive Homes a commission equal to 6% of the gross transfer price. If a franchisee engages in an unauthorized transfer, they must pay Beehive Homes an additional transfer fee. This fee is calculated as ten 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]]].

These stipulations are typical in franchising, as franchisors like Beehive Homes seek to maintain control over who operates their franchises to protect brand standards and the overall system. Prospective franchisees should carefully consider these transfer conditions and discuss any concerns with Beehive Homes before entering into a 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.