What constitutes a 'transfer' of the Beyond Juicery Eatery Franchise Agreement?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
| LLC | Area | Development | Agreement | between | ||||||
|---|---|---|---|---|---|---|---|---|---|---|
| ("Developer" or "You") and Beyond Juicery + Eatery Franchising, | ||||||||||
| LLC, a Michigan | limited liability company ("Franchisor," "we" or "us") dated, 20 | |||||||||
| (the "Agreement") shall be amended by the addition of the following language, which shall be | ||||||||||
| considered an integral part of the Agreement (the "Amendment"): |
-
- In recognition of the requirements of the Washington Franchise Investment Protection Act, Washington Rev Code §§19.100.010 – 19.100.940, the Area Development Agreement for Beyond Juicery + Eatery Franchising, LLC is amended as follows:
- The Washington Franchise Investment Protection Act provides you rights concerning non-renewal and termination of the Area Development Agreement. If the Agreement contains a provision that is inconsistent with the Act, the Act shall control.
- Section 8 requires you to sign a general release as a condition of renewal or transfer. Such release shall exclude claims arising under the Washington Franchise Investment Protection Act.
- Section 19 requires litigation or arbitration to be conducted in the State of Washington; the requirement shall not limit any rights you may have under the Washington Franchise Investment Protection Act to bring suit in the State of Washington.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, the definition of what constitutes a 'transfer' of the Beyond Juicery Eatery Franchise Agreement is not explicitly detailed in the provided excerpts. However, the excerpts do mention transfer under certain state laws. Specifically, addenda for states like Washington, New York, Hawaii, Maryland and Rhode Island address the franchisee's rights concerning the transfer of the Franchise Agreement, and stipulate that any general release required as a condition of transfer shall exclude claims arising under those states' franchise laws.
Without a clear definition of 'transfer' within the provided FDD excerpts, it is difficult to determine the specific actions or events that would be considered a transfer of the Beyond Juicery Eatery Franchise Agreement. The documents do imply that a transfer involves the franchisee signing a general release, which suggests a change in ownership or control of the franchise.
A prospective Beyond Juicery Eatery franchisee should seek clarification from the franchisor regarding what specific actions or events constitute a 'transfer' of the Franchise Agreement. This information is crucial for understanding the franchisee's rights and obligations should they consider selling their franchise or otherwise altering its ownership structure. It would also be prudent to understand any associated transfer fees and the franchisor's criteria for approving a transfer.