Can SpeedLine assign the Beggars Pizza agreement?
Beggars_Pizza Franchise · 2025 FDDAnswer from 2025 FDD Document
GENERAL: In the event of the invalidity or unenforceability of any portion or provision of this Agreement, the parties agree that to such extent only such
portions or provisions are to be severed herefrom, and that such invalidity or unenforceability shall not affect the validity or enforceability of the remaining portions or provisions of this Agreement which shall remain in full force and effect. SpeedLine or the Customer may not change, waive, modify, or amend this Agreement, except as specifically provided in this Agreement or by written agreement signed by both parties. This Agreement may be signed by the parties in counterparts which when taken together will constitute one Agreement. The signatures of either party to this Agreement or on any communication relating to this Agreement may be sent by facsimile or other electronic transmission, and when so received will be treated in the same manner as an originally executed Agreement or communication. The Agreement may not be transferred or assigned in whole or in part in any manner directly or indirectly by the Customer without the prior written consent of SpeedLine. If the Agreement or the Software is assigned or transferred or sub-licensed, the Agreement will be binding on the Software recipient. The Agreement may be assigned by SpeedLine. The laws of the Province of British Columbia govern this Agreement. All actions, suits or proceedings shall be brought and prosecuted by the Customer in the Province of British Columbia, and may be brought and prosecuted by SpeedLine in the Province of British Columbia or elsewhere where the Customer has a presence, and the Customer hereby submits to the jurisdiction of the courts of the Province of British Columbia and waives any objections as to venue in such courts. SpeedLine shall not be responsible for failure to perform its obligations under this Agreement due to causes beyond its control. In the Agreement, words in the singular include the plural and the masculine includes the feminine and neuter and vice versa. If the Customer is more than one person, firm, corporation or other entity, the liability of the Customer hereunder is both joint and several.
Source: Item 23 — RECEIPT (FDD pages 39–192)
What This Means (2025 FDD)
According to the 2025 Beggars Pizza Franchise Disclosure Document, the agreement with SpeedLine can be assigned by SpeedLine. However, the Customer (which in this case would be the Beggars Pizza franchisee) is restricted from transferring or assigning the agreement without obtaining prior written consent from SpeedLine.
This means that while Beggars Pizza, as the customer in this agreement, needs SpeedLine's approval to transfer the agreement to another party, SpeedLine itself has the right to assign the agreement to a different entity without needing the franchisee's consent. This is a fairly standard clause in many franchise agreements, giving the software or service provider flexibility in managing their business relationships.
For a prospective Beggars Pizza franchisee, this clause implies that the terms of service and support from SpeedLine could potentially be provided by a different company if SpeedLine chooses to assign the agreement. While the core services are likely to remain consistent, it's something to be aware of as it could impact the support experience or the long-term relationship with the service provider. The franchisee should ensure that any changes resulting from such an assignment do not negatively impact their business operations.