What documents must be included with a request for approval of transfer for a Benjamin Franklin Plumbing franchise?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
15.1.2 Franchisee and the Owners agree to notify us in writing of each proposed transfer, to provide all information and documentation relating to the proposed transfer that we request, and to refrain from completing the transfer until we advise you that all requirements of this Section 15 have been satisfied.
15.2.1 Franchisee and the Owners are required to be in compliance with all obligations to us under this Agreement and any other agreement with us and our affiliates as of the date of the request for our approval of the transfer, or make arrangements satisfactory to us to come into compliance by the date of the transfer.
15.2.2 The proposed transferee is required to:
(a) Demonstrate to our satisfaction that the proposed transferee and its owners and managers meet all of our then-current qualifications to become a franchisee of the Brand, which may include educational, managerial, and business standards; absence of involvement with Competing Businesses; good moral character, business reputation, and credit rating; and aptitude and ability to operate the Franchised Business. If the proposed transferee is already a franchisee of the Brand, that fact does not guarantee approval to become the operator of the Franchised Business. We have no less discretion with respect to a proposed transferee than we have with granting a new franchise.
(b) At our option, sign our then-current standard form of Franchise Agreement (or the standard form most recently offered to new franchisees) and related documents. The new Franchise Agreement may include new or increased fees and may otherwise differ, without limitation, from the terms of this Agreement.
(c) Require all owners of a beneficial interest in the transferee to sign our then-current form of Personal Guarantee and our other then-current standard documents.
(d) Successfully complete our then-current training requirements.
(e) Make arrangements to modernize and upgrade the Franchised Business, at the transferee's expense, to comply with our then-current Brand Standards.
(f) If the proposed transferee is another franchisee of the Brand, the proposed transferee is required to not have any outstanding notice of default under any agreements with us, have a good record of customer service and compliance with Brand Standards, and sign a general release in a form acceptable to us.
15.2.4 Franchisee and all Owners are required to sign a general release, in a form satisfactory to us, of all claims against us and our past, present and future affiliates, officers, directors, shareholders, agents and employees.
Each proposed new owner is required to submit a personal application and sign a Personal Guarantee and our other then-current standard documents.
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to the 2025 Benjamin Franklin Plumbing Franchise Disclosure Document, a franchisee looking to transfer their franchise must ensure both they and the proposed transferee meet certain requirements and provide specific documentation. The franchisee must be compliant with all existing agreements with Benjamin Franklin Plumbing and its affiliates or make arrangements to become compliant by the transfer date.
The proposed transferee must demonstrate that they meet the then-current qualifications to become a Benjamin Franklin Plumbing franchisee. This includes meeting standards for education, managerial experience, business acumen, moral character, business reputation, and credit rating. The proposed transferee may also be required to sign the then-current standard form of the Franchise Agreement, which could include new or increased fees and terms that differ from the original agreement. All owners of a beneficial interest in the transferee must sign Benjamin Franklin Plumbing’s current Personal Guarantee and other standard documents.
In addition to these qualifications and potential new agreements, the proposed transferee must successfully complete Benjamin Franklin Plumbing’s then-current training requirements and make arrangements to modernize and upgrade the franchised business to comply with the brand's current standards, all at the transferee's expense. If the proposed transferee is an existing Benjamin Franklin Plumbing franchisee, they must not have any outstanding default notices, must have a good record of customer service and compliance with brand standards, and must sign a general release in a form acceptable to Benjamin Franklin Plumbing.
Furthermore, the franchisee and all owners are required to sign a general release of all claims against Benjamin Franklin Plumbing and its affiliates. The franchisee must also provide all information and documentation relating to the proposed transfer that Benjamin Franklin Plumbing requests and refrain from completing the transfer until Benjamin Franklin Plumbing advises that all requirements have been met. Each proposed new owner is required to submit a personal application and sign a Personal Guarantee and Benjamin Franklin Plumbing's other then-current standard documents.