If Benjamin Franklin Plumbing assigns its rights or obligations, what responsibility does the assignee have?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
- 4.1 Transfer by UWIN. UWIN has the right, directly or indirectly, to sell, assign, transfer or otherwise dispose of this Agreement, or any or all of its rights and obligations under this Agreement, to any individual, firm, partnership, association, bank, lending institution, corporation, affiliate, limited liability company or other third party as UWIN may in its sole discretion deem appropriate. In the event of any such sale, assignment, transfer, or other disposition, UWIN will be released from any liability under this Agreement for the obligations transferred.
- 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.
To this end, each customer agreement must include a clause providing us the unconditional right (but not an obligation) to assume (directly or through a designee) the customer agreement upon the termination or expiration of this Agreement, including all of your rights and obligations thereunder that arise from and after such assumption.
We may assign these options to another person or entity.
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to the 2025 Benjamin Franklin Plumbing Franchise Disclosure Document, UWIN (the entity offering the UWIN Customer Complaint Resolution Program) has the right to sell, assign, transfer, or otherwise dispose of the Franchise Agreement, or any or all of its rights and obligations under the Agreement, to any third party it deems appropriate. In the event of such a transfer, UWIN will be released from any liability under the Agreement for the obligations transferred.
However, the franchisee (referred to as "Contractor" in this section) is not allowed to transfer any part of the Agreement or their rights or obligations without UWIN's prior written consent. Any attempt to do so without consent will be considered a default of the Agreement and will be void.
Additionally, Benjamin Franklin Plumbing retains the right to assign certain options related to the business operations to another person or entity, particularly concerning the assumption of customer agreements after the termination or expiration of the Franchise Agreement. This includes the right to communicate with customers for an orderly transition and to receive payments for unperformed services. The franchisee is obligated to comply with any written instructions to preserve the value of these options.