factual

What is the minimum notice a Bombs Away franchisee must provide to Bombs Away Franchising before a proposed transfer?

Bombs_Away Franchise · 2024 FDD

Answer from 2024 FDD Document

.jpeg)

  • 15.2 By Franchisee. Franchisee acknowledges that the rights and duties set forth in this Agreement are personal to Franchisee and that Bombs Away Franchising entered into this Agreement in reliance on Franchisee's business skill, financial capacity, personal character, experience, and business ability. Accordingly, Franchisee shall not conduct or undergo a Transfer without providing Bombs Away Franchising at least 60 days prior notice of the proposed Transfer, and without obtaining Bombs Away Franchising's consent. In granting any such consent, Bombs Away Franchising may impose conditions, including, without limitation, the following:
    • (i) Bombs Away Franchising receives a transfer fee equal to $7,500 plus any broker fees and other out-of-pocket costs incurred by Bombs Away Franchising;
    • (ii) the proposed assignee and its owners have completed Bombs Away Franchising's franchise application processes, meet Bombs Away Franchising's then-applicable standards for new franchisees, and have been approved by Bombs Away Franchising as franchisees;
    • (iii) the proposed assignee is not a Competitor;
    • (iv) the proposed assignee executes Bombs Away Franchising's then-current form of franchise agreement and any related documents, which form may contain materially different provisions than this Agreement (provided, however, that the proposed assignee will not be required to pay an initial franchise fee);
    • (v) all owners of the proposed assignee provide a guaranty in accordance with Section 2.5;
    • (vi) Franchisee has paid all monetary obligations to Bombs Away Franchising and its affiliates, and to any lessor, vendor, supplier, or lender to the Business, and Franchisee is not otherwise in default or breach of this Agreement or of any other obligation owed to Bombs Away Franchising or its affiliates;
    • (vii) the proposed assignee and its owners and employees undergo such training as Bombs Away Franchising may require;
    • (viii) Franchisee, its Owners, and the transferee and its owners execute a general release of Bombs Away Franchising in a form satisfactory to Bombs Away Franchising; and
    • (ix) the Business fully complies with all of Bombs Away Franchising's most recent System Standards.
  • 15.3 Transfer for Convenience of Ownership. If Franchisee is an individual, Franchisee may Transfer this Agreement to a corporation or limited liability company formed for the convenience of ownership after at least 15 days' notice to Bombs Away Fr

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

What This Means (2024 FDD)

According to Bombs Away's 2024 Franchise Disclosure Document, a franchisee must provide Bombs Away Franchising with at least 60 days' prior notice before undergoing a transfer of the franchise. This advance notice allows Bombs Away to assess the proposed transfer and ensure it aligns with their standards and requirements. Bombs Away Franchising retains the right to approve or deny the transfer.

Bombs Away Franchising may impose certain conditions when granting consent for a transfer. These conditions include the payment of a transfer fee of $7,500 plus any broker fees and out-of-pocket costs incurred by Bombs Away. The proposed assignee must also complete Bombs Away's franchise application process, meet the then-current standards for new franchisees, and not be a competitor. Additionally, the assignee must execute Bombs Away's current franchise agreement, which may contain materially different provisions, although they will not be required to pay an initial franchise fee.

There is an exception to the 60-day notice. If a Bombs Away franchisee is an individual, they may transfer the Franchise Agreement to a corporation or limited liability company formed for the convenience of ownership after at least 15 days' notice to Bombs Away Franchising. Certain conditions apply to this exception, including the franchisee owning all voting securities of the corporation or limited liability company.

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.