What happens if Better Blend does not exercise its right of first refusal for a proposed transfer?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee (or its Owners) shall provide to BBF a copy of the terms and conditions of any Transfer.
For a period of 30 days from the date of BBF's receipt of such copy, BBF will have the right, exercisable by notice to Franchisee, to purchase the assets subject of the proposed Transfer for the same price and on the same terms and conditions (except that if some or all of the purchase price is not payable in cash, BBF may pay the equivalent value in cash for the purchase price).
If BBF does not exercise its right of first refusal, Franchisee may proceed with the Transfer, subject to the other terms and conditions of this Article.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, if a franchisee wishes to transfer their franchise, they must provide Better Blend with a copy of the transfer's terms and conditions. Better Blend then has 30 days to exercise its right of first refusal to purchase the assets of the proposed transfer.
If Better Blend chooses not to exercise this right of first refusal within the 30-day period, the franchisee is then permitted to proceed with the transfer to the third party. However, this transfer is still subject to all other terms and conditions outlined in the franchise agreement.
This clause ensures that Better Blend maintains control over who becomes a franchisee and protects the brand's integrity. It also gives the franchisee the right to transfer the business if Better Blend does not want to purchase it.