From what date does the 60-day period for Franchisor's notification of approval/disapproval of a Bhc franchise assignment begin?
Bhc Franchise · 2025 FDDAnswer from 2025 FDD Document
- (d) If Franchisor elects not to exercise its right of first refusal and consent to the Assignment by Franchisee, Franchisee will for a period of 60 days, and subject to the provisions of section 12.2 hereof, be free to assign this Agreement to such proposed Assignee upon the terms and conditions specified in said notice. If, however, these terms are modified in any material manner (as determined by Franchisor), or if said 60-day period expires, Franchisor will again have such right of first refusal with respect thereto and Franchisee will again be required to comply with section 12.3(b) above. Detailed terms of assignment must be delivered to Franchisor no later than 72 hours following the close of escrow or other consummation of the transaction.
Source: Item 23 — Receipts (FDD pages 52–230)
What This Means (2025 FDD)
According to Bhc's 2025 Franchise Disclosure Document, if Bhc elects not to exercise its right of first refusal and consents to the assignment by the franchisee, the franchisee has 60 days to assign the agreement to the proposed assignee. This 60-day period is subject to the conditions outlined in section 12.2 of the franchise agreement.
However, if the terms of the assignment are materially modified, as determined by Bhc, or if the 60-day period expires, Bhc will again have the right of first refusal. In such cases, the franchisee must once again comply with the requirements of section 12.3(b), which involves providing written notice to Bhc with the terms of the proposed assignment and information about the assignee.
Detailed terms of the assignment must be delivered to Bhc no later than 72 hours following the close of escrow or other consummation of the transaction. This ensures that Bhc is informed of the final details of the assignment in a timely manner.