factual

What information is a Belocal franchisee required to submit to the franchisor when proposing a transfer?

Belocal Franchise · 2025 FDD

Answer from 2025 FDD Document

. If Franchisee wishes to transfer all or part of its interest in the Franchised Business or this Agreement or in substantially all of the assets of the Franchised Business, or if Franchisee or any Principal wishes to transfer any ownership interest in Franchisee, transferor and the proposed transferee must apply to Franchisor for its consent. Franchisee agrees to submit to Franchisor all information Franchisor may require in order to determine whether to approve a proposed transfer of the Franchised Business, and Franchisor agrees to notify Franchisee of its approval or disapproval within a reasonable period of time, not to exceed 30 days, after Franchisor has received all requested information relating to any proposed transfer of the Franchised Business. A marketing list, client list or potential client list may be transferred only to a transferee to whom Franchisee's rights and obligations under this Agreement are simultaneously being transferred in accordance with the terms hereof. If Franchisor does not exercise its rights under Section 9.C or Section 9.D, the decision as to whether to approve a proposed transfer shall be made by Franchisor in its sole discretion and shall include numerous factors deemed relevant by Franchisor. These factors may include, but shall not be limited to, the following:

  • (1) Franchisee, its Principals, and its affiliates shall not be in default under this Agreement, or any other agreement with Franchisor or any of its affiliates, and shall have substantially and timely complied with all the terms and conditions of such agreements during their respective terms, including but not limited to having paid all amounts due;
  • (2) Franchisor reserves the right to require Franchisee to prepare and furnish to the proposed transferee and/or Franchisor such financial reports and other data relating to the Franchised Business and the Publication as Franchisor deems reasonably necessary or appropriate for transferee and/or Franchisor to evaluate the Franchised Business, the Publication, and the proposed transfer. Franchisor may review all information regarding the Franchised Business and the Publication that Franchisee provides to the proposed transferee, correct any information that Franchisor believes to be inaccurate, and provide the proposed transferee with copies of any reports that Franchisee has provided to Franchisor or that Franchisor has made regarding the operation of the Franchised Business and/or the Publication. Franchisee Agrees that Franchisor shall have the right to confer with any proposed transferee and to furnish it with information concerning the Franchised Business, the Publication, and/or the proposed transfer without any liability to Franchisee, except for international misstatements made by Franchisor to transferee. Any information furnished by Franchisor to any proposed transferee shall be for the sole purpose of permitting the proposed transferee to evaluate the Franchised Business, the Publication, and/or the proposed transfer and must not be construed in any manner or form whatsoever as claims of success or failure of the Franchised Business, the Publication, and/or the proposed transfer;

Source: Item 22 — CONTRACTS (FDD page 71)

What This Means (2025 FDD)

According to Belocal's 2025 Franchise Disclosure Document, a franchisee wishing to transfer their interest in the Franchised Business must apply to Belocal for consent and submit all information Belocal requires to determine whether to approve the proposed transfer. Belocal will then notify the franchisee of its approval or disapproval within a reasonable time frame, not exceeding 30 days, after receiving all requested information.

Belocal also reserves the right to request financial reports and other data relating to the Franchised Business and the Publication from the franchisee. This information is used to evaluate the Franchised Business, the Publication, and the proposed transfer. Belocal may review all information provided to the proposed transferee, correct any inaccuracies, and provide the proposed transferee with copies of reports regarding the operation of the Franchised Business and/or the Publication.

Furthermore, if Belocal does not exercise its rights of first refusal, the decision to approve a proposed transfer is at Belocal's sole discretion, considering numerous factors they deem relevant. The franchisee must also ensure that the transferor and its principals execute a general release of claims against Belocal, and the proposed transferee must meet Belocal's qualifications and complete any required training programs. The transferee must also enter into a written agreement assuming all obligations of the franchisee under the existing agreement and execute Belocal's current form of 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.