What assets of the Studio can Bft choose to purchase upon termination of a franchise agreement?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
Subject to applicable laws, Franchisor is required to purchase certain assets at fair market value (including goodwill in certain instances) at the time of expiration or termination of the franchise, offset by any amounts owed by the Franchisee to the Franchisor.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 57–66)
What This Means (2025 FDD)
According to Bft's 2025 Franchise Disclosure Document, Bft is required to purchase certain assets at fair market value, which may include goodwill in some instances, when a franchise agreement expires or is terminated. This purchase is subject to applicable laws and will be offset by any amounts the franchisee owes to Bft.
This means that if a franchisee's agreement with Bft ends, either through expiration or termination, Bft may be obligated to buy specific assets of the studio. The price Bft pays will be the fair market value of those assets at the time of purchase. Depending on the circumstances and location, this valuation could include the goodwill the business has built up. However, any debts the franchisee has to Bft will reduce the amount Bft pays for these assets.
For a prospective Bft franchisee, this clause provides a degree of financial security upon exiting the franchise system. Knowing that Bft may be required to purchase assets at fair market value can help mitigate potential losses. However, the franchisee should be aware that the final amount received will depend on the studio's debts to Bft and the specifics of applicable laws, which could vary by jurisdiction. It is important to consult with legal and financial advisors to fully understand the implications of this clause.
It is also important to note that the specific assets Bft is required to purchase are not detailed in this excerpt. A prospective franchisee should seek clarification from Bft regarding which assets are subject to this purchase requirement to fully understand their potential value and the conditions under which Bft is obligated to buy them.