factual

What sections of the Belocal Franchise Agreement survive termination upon execution of the Transfer Agreement?

Belocal Franchise · 2025 FDD

Answer from 2025 FDD Document

    1. Termination of Franchise Agreement; Survival of Certain Covenants and Obligations. Except as provided for in Section 9. of this Transfer Agreement, upon execution of this Transfer Agreement by Franchisor, the Franchise Agreement will terminate automatically; however, Transferor and Transferor Principals, and each of them, remain bound by, and must comply with, those provisions of the Franchise Agreement, which by their nature survive termination and include, but are not limited to, confidentiality, non-solicitation, and noncompetition; payment of debts and taxes; indemnification; and the post-term obligations set forth in Section 11. of the Franchise Agreement. Further, Transferor and Transferor Principals will remain bound by the dispute resolution provisions set forth in Section 14. of the Franchise Agreement.

Source: Item 22 — CONTRACTS (FDD page 71)

What This Means (2025 FDD)

According to Belocal's 2025 Franchise Disclosure Document, upon the execution of the Transfer Agreement, the Franchise Agreement will terminate automatically, except as provided in Section 9 of the Transfer Agreement. However, the transferor and their principals will still be bound by certain provisions of the Franchise Agreement that naturally survive termination. These include, but are not limited to, obligations related to confidentiality, non-solicitation, and non-competition, as well as the payment of debts and taxes, indemnification, and post-term obligations as detailed in Section 11 of the Franchise Agreement.

Furthermore, the transferor and their principals will continue to be bound by the dispute resolution provisions outlined in Section 14 of the Franchise Agreement. This means that even after the franchise is transferred, the original franchisee and their principals may still be subject to legal obligations and dispute resolution processes related to the original agreement.

In practical terms, this ensures that certain critical aspects of the Belocal franchise relationship, such as protecting confidential information and preventing unfair competition, remain in effect even after a transfer. It also provides a mechanism for resolving any disputes that may arise from the original franchise agreement, offering some protection to Belocal. Prospective franchisees should carefully review these sections to understand their ongoing responsibilities even after transferring the franchise.

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.