Can Stripe freely assign and transfer the Bonchon agreement without the franchisee's consent?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
We have the right to delegate the performance of any portion or all of our obligations under this Agreement to third party designees, whether these designees are our agents or independent contractors with whom we have contracted to perform these obligations. If we do so, such third-party designees will be obligated to perform the delegated functions for you in compliance with this Section 12.01.
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, Bonchon has the right to delegate its obligations under the Franchise Agreement to third-party designees, including agents or independent contractors. If Bonchon delegates these obligations, the third-party designees are obligated to perform the delegated functions in compliance with the terms of the agreement. This means Bonchon can assign certain responsibilities to other parties who must then fulfill them according to the original agreement.
For a prospective Bonchon franchisee, this indicates that some of Bonchon's responsibilities and services might be provided by third parties. While Bonchon retains the right to delegate, these third parties are still required to adhere to the standards set forth in the franchise agreement. This could impact the consistency and quality of support received, as the franchisee will be dealing with entities other than Bonchon directly for certain aspects of the business.
It is important for a potential franchisee to understand which specific obligations Bonchon might delegate and to whom. Investigating the reputation and reliability of these potential third-party designees could be a crucial part of the due diligence process. Furthermore, franchisees should confirm how Bonchon ensures these third parties comply with the franchise agreement and what recourse is available if these delegated responsibilities are not adequately fulfilled.