How will Bhc deliver the notice of approval or disapproval of the proposed assignment to the Master Franchisee?
Bhc Franchise · 2025 FDDAnswer from 2025 FDD Document
- (c) Within 60 days after the receipt of all necessary information and documentation required pursuant to section 12.2(b) above, or as specified by other written agreement between Franchisor and Master Franchisee, Franchisor will notify Master Franchisee of the approval or disapproval of the proposed Assignment by Master Franchisee.
The notice will be in writing and delivered to Master Franchisee by business courier in accordance with section 16.1 hereof.
Should Franchisor elect not to exercise Franchisor's right of first refusal, or should such right of first refusal be inapplicable, as herein provided, Franchisor's consent to the proposed Assignment by Master Franchisee will be deemed approved, unless disapproved by Franchisor in writing and for reasons permitted by the law governing this Agreement.
Source: Item 23 — Receipts (FDD pages 52–230)
What This Means (2025 FDD)
According to Bhc's 2025 Franchise Disclosure Document, Bhc will provide written notice to the Master Franchisee regarding the approval or disapproval of a proposed assignment. This notice will be delivered via business courier, adhering to the guidelines outlined in section 16.1 of the franchise agreement. Bhc will provide this notice within 60 days after receiving all necessary information and documentation related to the proposed assignment, as stipulated in section 12.2(b), or as otherwise specified in a written agreement between Bhc and the Master Franchisee.
If Bhc chooses not to exercise its right of first refusal, or if this right does not apply, the Master Franchisee's proposed assignment will be considered approved unless Bhc explicitly disapproves it in writing for legally permissible reasons. Should the proposed sale, assignment, or transfer be disapproved, Bhc is obligated to include a statement in the disapproval notice, detailing the reasons for the decision.
This process ensures that the Master Franchisee receives formal and documented communication regarding the status of their proposed assignment. By using a business courier, Bhc aims to provide a reliable method of delivery for important legal notices. The 60-day timeframe allows Bhc to thoroughly review the proposed assignment and make an informed decision, while the requirement to provide reasons for disapproval protects the Master Franchisee from arbitrary decisions and promotes transparency in the assignment process.