Besides the parties to the agreement, who else has rights to enforce the Bevaris Alliance agreement?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
27.9 Third party rights. No one other than a party to this agreement, their successors and permitted assignees, shall have any right to enforce any of its terms.
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to Bevaris Alliance's 2024 Franchise Disclosure Document, besides the parties to the franchise agreement, their successors and permitted assignees also have rights to enforce the terms of the agreement. This is explicitly stated in section 27.9, which addresses third-party rights.
This means that while the agreement is primarily between Bevaris Alliance and the franchisee, the benefits and obligations can extend to those who legitimately take over the rights or responsibilities of either party. This could occur if the franchisee sells the business to an approved buyer (assignee) or if the franchisee passes away and their rights are transferred to their estate (successors).
It is important for a prospective Bevaris Alliance franchisee to understand that the rights and obligations under the franchise agreement are not freely transferable. Any transfer or assignment would likely require the franchisor's approval, as outlined elsewhere in the FDD. This clause clarifies that only those who officially step into the shoes of the original parties can enforce the agreement's terms, preventing unrelated third parties from interfering.