factual

What happens upon the death or incapacity of a Bombs Away franchisee?

Bombs_Away Franchise · 2024 FDD

Answer from 2024 FDD Document

  • 15.4 Transfer upon Death or Incapacity. Upon the death or incapacity of Franchisee (or, if Franchisee is an entity, the Owner with the largest ownership interest in Franchisee), the executor, administrator, or personal representative of that person must Transfer the Business to a third party approved by Bombs Away Franchising (or to another person who was an Owner at the time of death or incapacity of the largest Owner) within nine months after death or incapacity. Such transfer must comply with Section 15.2.

Source: Item 22 — CONTRACTS (FDD pages 35–36)

What This Means (2024 FDD)

According to the 2024 Bombs Away Franchise Disclosure Document, in the event of the death or incapacity of a franchisee, or the owner with the largest ownership interest if the franchisee is an entity, their executor, administrator, or personal representative is required to transfer the Bombs Away business within nine months. This transfer must be to a third party approved by Bombs Away Franchising or to another person who was an owner at the time of the death or incapacity of the largest owner.

This provision ensures business continuity and adherence to Bombs Away's standards even when the original franchisee is no longer able to manage the business. The requirement for Bombs Away Franchising's approval of the third party helps maintain brand consistency and operational quality.

It is important to note that this transfer is subject to the right of first refusal by Bombs Away Franchising, as detailed in Section 15.5. Before the transfer can proceed, Bombs Away Franchising has the option to purchase the business assets under the same terms and conditions offered to the third party. This clause allows Bombs Away to control who enters the franchise system, even in cases of franchisee death or incapacity.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.