Under what condition can the Beggars Pizza agreement be assigned by the customer?
Beggars_Pizza Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — RECEIPT (FDD pages 39–192)
What This Means (2025 FDD)
According to Beggars Pizza's 2025 Franchise Disclosure Document, the customer, in this case, the franchisee, is restricted from transferring or assigning the agreement without prior written consent from SpeedLine. Specifically, the agreement cannot be transferred or assigned, either in its entirety or partially, directly or indirectly, by the customer unless SpeedLine provides written approval beforehand.
However, if the agreement or the associated software is indeed assigned, transferred, or sub-licensed, the agreement then becomes binding on the recipient of the software. This suggests that while the franchisee needs permission from SpeedLine to assign the agreement, such an assignment, if approved, makes the agreement enforceable on the party receiving the software.
SpeedLine, on the other hand, retains the right to assign the agreement. This clause ensures that SpeedLine can transfer its obligations and rights under the agreement to another party without needing the franchisee's consent. This is a standard practice to allow the company flexibility in its business operations.
This condition protects SpeedLine's interests by ensuring they have control over who becomes involved with their software and agreement. For a prospective Beggars Pizza franchisee, this means they cannot simply sell or transfer their rights and obligations without SpeedLine's explicit approval, adding a layer of security for SpeedLine but potentially limiting the franchisee's flexibility.