Under what specific terms of the agreement can a Bevaris Alliance franchisee assign rights or licenses?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
23. Assignment
- 23.1 This agreement is personal to the Franchisee and the Individual, who, subject to clause 16 and clause 17 may not, without the prior written consent of the Franchisor (such consent not to be unreasonably conditioned, withheld or delayed), assign, transfer, mortgage, charge, declare a trust of, sub-contract, delegate or deal in any other manner with:
- (a) this agreement or any of their rights and obligations under it (or any document referred to in it); or
- (b) the Franchisee's Business, or purport to do any of the same.
- 23.2 The Franchisor may, at any time, assign (absolutely or by way of security and in whole or in part), transfer, mortgage, charge or deal in any other manner with the benefit of any or all of any other party's obligations or any benefit arising under this agreement.
- 23.3 If there is an assignment pursuant to clause 23.2:
- (a) the Franchisee and Individual shall discha
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to the 2024 Bevaris Alliance Franchise Disclosure Document, the franchise agreement is personal to both the franchisee and the individual involved. As such, the franchisee is generally restricted from assigning, transferring, mortgaging, charging, declaring a trust of, sub-contracting, delegating, or otherwise dealing with the agreement, their rights and obligations, or the Bevaris Alliance business itself.
However, this restriction is not absolute. A franchisee may undertake these actions if they obtain prior written consent from Bevaris Alliance. The FDD specifies that Bevaris Alliance's consent cannot be unreasonably conditioned, withheld, or delayed, providing some protection to the franchisee.
Bevaris Alliance, on the other hand, retains the right to assign, transfer, mortgage, charge, or otherwise deal with the benefits of any other party's obligations or any benefit arising under the agreement at any time. If Bevaris Alliance makes such an assignment, the franchisee and the individual involved are obligated to discharge their responsibilities accordingly.