For Bombs Away, what is the required action of each owner of the franchise entity?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
- 7.19 No Other Activity Associated with the Business. Franchisee shall not use the assets of the Business for any purpose other than the Business.
Franchisee shall not "co-brand" or associate
any other business activity with the Bombs Away Business in a manner which is likely to cause the public to perceive it to be related to the Bombs Away Business. If Franchisee is an entity, the entity shall not own or operate any other business except Bombs Away businesses.
- 2.3 Franchisee Control. Franchisee represents that it will identify each owner, officer and director of Franchisee, and describes the nature and extent of each owner's interest in Franchisee.
If any of this information changes, Franchisee shall notify Franchisor within 10 days.
- 2.4 Principal Executive. Franchisee agrees that the person designated as the "Principal Executive" on the Summary Page is the executive primarily responsible for the Business and has decision-making authority on behalf of Franchisee.
The Principal Executive must have at least 10% ownership interest in Franchisee.
The Principal Executive must participate in the direct operation of the Business and must devote substantial time and attention to the Business.
If the Principal Executive dies, becomes incapacitated, transfers his/her interest in Franchisee, or otherwise ceases to be the executive primarily responsible for the Business, Franchisee shall promptly designate a new Principal Executive, subject to Bombs Away Franchising's reasonable approval.
- 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 Franchising, if, prior to the Transfer: (1) the transferee provides the information required by Section 2.3; (2) Franchisee provides copies of the entity's charter documents, by-laws (or operating agreement) and similar documents, if requested by Bombs Away Franchising, (3) Franchisee owns all voting securities of the
corporation or limited liability company, and (4) Franchisee provides a guaranty in accordance with Section 2.5.
(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
Source: Item 1 — THE FRANCHISOR AND ANY PARENTS, PREDECESSORS, AND AFFILIATES (FDD pages 7–8)
What This Means (2024 FDD)
According to the 2024 Bombs Away Franchise Disclosure Document, owners of a Bombs Away franchise entity have several obligations. If the franchisee is an entity, it cannot own or operate any other business except for other Bombs Away businesses. Franchisees must identify each owner, officer, and director, including the nature and extent of each owner's interest, and must notify Bombs Away of any changes within 10 days.
Bombs Away requires that a designated "Principal Executive" be identified, who is primarily responsible for the business and has decision-making authority. This Principal Executive must have at least a 10% ownership interest and must actively participate in the business's direct operation, devoting substantial time and attention to it. If the Principal Executive changes, a new one must be designated, subject to Bombs Away's approval.
In the event of a transfer of the franchise to a corporation or limited liability company for ownership convenience, the franchisee must provide specific information, including details required by Section 2.3, copies of the entity's charter documents and bylaws if requested, and a guaranty in accordance with Section 2.5. The franchisee must own all voting securities of the corporation or LLC. Additionally, owners may be required to undergo training and execute a general release of Bombs Away Franchising during a transfer.