What condition must the franchisee's rights and obligations under the Lease be in for Beyond Juicery Eatery to acquire them?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
Landlord acknowledges and agrees that Franchisor's right to exercise its option to accept assignment of the Lease is not contingent upon nor is Franchisor obligated in any manner to cure any default of Franchisee under the Lease.
- B.
Franchisor shall assume all of Franchisee's rights, options, and obligations under the Lease commencing upon the effective date of the assignment and Franchisor shall have the further right to transfer or assign the Lease to another Beyond Juicery + Eatery franchisee without the need to seek consent from Landlord.
Franchisor shall not be liable to Landlord for anything that arose prior to the effective date of the assignment to Franchisor.
If Franchisor assigns the Lease to another Beyond Juicery + Eatery franchisee, Franchisor shall be released from any further liability under the Lease.
Notwithstanding any assignment of the Lease to Franchisor, Franchisor shall not be subject to any provisions of the Lease that requires continuous operation of a business in the Premises during any period that the Premises is closed for remodeling or while Franchisor is seeking to obtain and train a new franchisee, provided that rent is paid during such period of closure pursuant to the terms of the Lease.
- C.
Franchisee agrees to execute any and all documents requested by Franchisor in order to fully exercise any of Franchisor's rights under this Assignment and hereby appoints Franchisor as its attorney-in-fact with the full right and power to execute all documents and to take all action that may be necessary or desirable for Franchisor to take such assignment or otherwise exercise any of Franchisor's rights under this Assignment.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, Beyond Juicery Eatery's right to exercise its option to accept assignment of the Lease is not contingent upon the franchisee curing any default under the Lease. This means that Beyond Juicery Eatery can take over the lease even if the franchisee has failed to meet their obligations, such as rent payments or other terms of the lease agreement.
Beyond Juicery Eatery will assume all of the franchisee's rights, options, and obligations under the lease starting from the effective date of the assignment. Beyond Juicery Eatery also has the right to transfer or assign the lease to another Beyond Juicery + Eatery franchisee without needing the landlord's consent. However, Beyond Juicery Eatery is not liable to the landlord for anything that occurred before the assignment date.
If Beyond Juicery Eatery assigns the lease to another franchisee, Beyond Juicery Eatery is released from any further liability under the lease. Furthermore, even if Beyond Juicery Eatery takes over the lease, they are not subject to any provisions requiring continuous operation during remodeling or while seeking a new franchisee, as long as rent is paid according to the lease terms. The franchisee must also execute any documents needed for Beyond Juicery Eatery to exercise its rights under the assignment and appoints Beyond Juicery Eatery as their attorney-in-fact to execute these documents.