Does the Bft Franchisor have the right to assign its right of first refusal, and if so, to whom?

According to Bft's 2025 Franchise Disclosure Document, Bft has the unrestricted right to assign its right of first refusal. This right can be assigned to either its affiliate or an unaffiliated third party. If Bft assigns the right of first refusal, the affiliate or third party will then have the right to purchase the franchisee's interest under the same terms and conditions as the original offer.

This means that if a Bft franchisee decides to sell their franchise, they must first offer Bft the opportunity to purchase it. However, Bft can then transfer this opportunity to another party, such as a subsidiary or even an entirely separate company. The franchisee would then be obligated to sell to whomever Bft designates, assuming the terms of the original offer are met.

This clause provides Bft with significant flexibility in managing franchise transfers. It allows Bft to maintain control over who enters the Bft system, even if Bft itself does not want to directly purchase the franchise. For a prospective franchisee, this highlights the importance of understanding that the ultimate decision on who buys their franchise may rest with Bft and its chosen assignee, not necessarily with the franchisee's preferred buyer.