What constitutes 'incapacity' that would trigger the transfer provisions for a Brueggers Bagels franchise?

According to Brueggers Bagels's 2025 Franchise Disclosure Document, 'incapacity' is specifically defined within the context of franchise transfer provisions. If a franchisee or any owner of the franchise experiences a physical or mental infirmity that prevents them from fulfilling their obligations under the Franchise Agreement, it may trigger certain transfer protocols.

Specifically, this incapacity must persist for a defined period to be considered a trigger. The agreement states that incapacity is defined as a condition preventing the person from performing their obligations for either (i) a period of 30 or more consecutive days, or (ii) for 60 or more total days during a calendar year.

This definition is important for prospective Brueggers Bagels franchisees as it clarifies the circumstances under which the franchisor may require a transfer of ownership or operational control due to the franchisee's inability to manage the business. It sets clear parameters, avoiding ambiguity about what constitutes a serious enough condition to warrant intervention and potential transfer of the franchise.