Is a Benjamin Franklin Plumbing contractor permitted to sublicense any part of the Benjamin Franklin Plumbing agreement?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
- 4.2 Transfer by Contractor. Contractor acknowledges that the granting of the rights hereunder is based on UWIN's investigation of Contractor's qualifications and that such rights are personal to Contractor and therefore Contractor will not sell, divide, encumber, assign, hypothecate, mortgage, sublicense, or otherwise transfer through any means any part of this Agreement or its rights or obligations hereunder. Any actual, attempted or purported transfer occurring without UWIN's prior written consent will constitute a default of this Agreement and will be null and void.
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to the 2025 Franchise Disclosure Document, a Benjamin Franklin Plumbing franchisee is not permitted to sublicense any part of the Franchise Agreement. The agreement explicitly states that the rights granted to the contractor are personal and cannot be transferred through any means without prior written consent from UWIN, LLC.
Specifically, the agreement prohibits the franchisee from selling, dividing, encumbering, assigning, hypothecating, mortgaging, sublicensing, or otherwise transferring any part of the agreement or their rights and obligations. Any attempt to do so without UWIN's prior written consent will be considered a default of the agreement and will be void.
This restriction is typical in franchising, as franchisors want to maintain control over who operates under their brand and system. By preventing sublicensing, Benjamin Franklin Plumbing ensures that all franchisees meet their standards and qualifications, protecting the brand's reputation and consistency.