What constitutes a transfer of the Franchise Agreement for a Beyond Juicery Eatery franchise?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
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- In recognition of the requirements of the Maryland Franchise Registration and Disclosure Law, Md Code Ann, Bus Reg §§14-201-14-233, the Franchise Agreement for BEYOND JUICERY + EATERY FRANCHISING, LLC is amended as follows:
- Sections 13.02 and 16.09 require you to sign a general release as a condition of renewal or transfer of the Franchise. Such release shall exclude claims arising under the Maryland Franchise Registration and Disclosure Law.
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- In recognition of the requirements of The Rhode Island Franchise Investment Act §19-28.1-14, the Franchise Agreement for BEYOND JUICERY + EATERY FRANCHISING, LLC is amended as follows:
- Sections 13.02 and 16.09 require you to sign a general release as a condition of renewal, or transfer. Such release shall exclude claims arising under The Rhode Island Franchise Investment Act.
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- In recognition of the requirements of the General Business Laws of the State of New York, Article 33, §§ 680 through 695, the Franchise Agreement for BEYOND JUICERY + EATERY FRANCHISING, LLC is amended as follows:
- Sections 13.02 and 16.09 require you to sign a general release as a condition of renewal, transfer. Such release shall exclude claims arising under the General Business Laws.
- Under Section13.01, Franchisor shall not transfer and assign its rights and obligations under the Franchise Agreement unless the transferee will be able to perform Franchisor's obligations under the Franchise Agreement, in Franchisor's good faith judgment, so long as it remains subject to the General Business Laws of the State of New York.
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- In recognition of the requirements of the Hawaii Franchise Investment Law, Hawaii Revised Statutes, Title 26, Chapter 482E et. seq, the Area Development Agreement for Beyond Juicery + Eatery Franchising, LLC is amended as follows:
- The Hawaii Franchise Investment Law provides you rights concerning nonrenewal, termination and transfer of the Franchise Agreement. If the Agreement, and more specifically Sections 10 and 19 contain a provision that is inconsistent with the Hawaii Franchise Investment Law, the Hawaii Franchise Investment Law will control.
- Section 8 requires Developer to sign a general release as a condition of renewal or transfer of the Franchise. Such release shall exclude claims arising under the Hawaii Franchise Investment Law.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, the excerpts provided include addenda related to franchise agreement transfers in specific states, but do not define what generally constitutes a transfer of the Franchise Agreement for Beyond Juicery Eatery. The addenda primarily address required releases and legal rights during a transfer, particularly concerning state franchise laws.
For instance, the addenda for Maryland and Rhode Island state that sections of the Franchise Agreement require a general release as a condition of transfer, but clarify that such releases cannot waive rights under those states' franchise laws. Similarly, the New York addendum states that Beyond Juicery Eatery cannot transfer its rights and obligations unless the transferee can fulfill those obligations, according to the General Business Laws of New York. The Hawaii addendum also mentions the franchisee's rights concerning the transfer of the Franchise Agreement.
However, the documents do not specify the conditions or actions that would legally be defined as a transfer. A prospective franchisee should consult the main body of the Franchise Agreement and directly ask Beyond Juicery Eatery for a comprehensive definition of what constitutes a transfer, including any required procedures, conditions, and associated fees.