What sections of the Bonchon Area Development Agreement outline the conditions for Bonchon's approval of a transfer?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provisions | Section in Area Development Agreement | Summary |
|---|---|---|
| l. Our approval of transfer by you | Section 12.02, 12.03 and 12.04 | No transfer without our consent except as provided in Area Development Agreement (for example, transfer to a business entity you form for convenience). (Subject to state law.) |
| m. Conditions for our | Sections 12.03 | See l., above. |
| approval of transfer | and 12.04 | |
| n. Our right of first | None | Not applicable. |
| refusal to purchase | ||
| your business | ||
| o. Our option to | None | Not applicable |
| purchase your business |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION THE FRANCHISE RELATIONSHIP (FDD pages 71–81)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, the conditions for Bonchon's approval of a transfer by a franchisee are detailed in Sections 12.03 and 12.04 of the Area Development Agreement. Bonchon's consent is required for any transfer, although there are exceptions outlined in the Area Development Agreement, such as a transfer to a business entity formed by the franchisee for convenience.
These sections are important for prospective franchisees to review carefully. Understanding the conditions under which Bonchon will approve a transfer is crucial for future planning, whether it involves selling the development rights, bringing in partners, or passing the business on to family members. The franchisee should pay close attention to any specific requirements or restrictions outlined in Sections 12.03 and 12.04 to ensure compliance and avoid potential conflicts with Bonchon.
It is also important to note that these transfer provisions are subject to state law, which may impose additional requirements or limitations. Franchisees should consult with legal counsel to understand how state law may affect their ability to transfer their Area Development Agreement. Bonchon's right of first refusal or option to purchase the business are not applicable in this agreement.