Where in the Buildingstars Franchise Agreement can I find information about the transferability of interest?
Buildingstars Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 22: CONTRACTS]
XIII. TRANSFERABILITY OF INTEREST
A. By BUILDINGSTARS. BUILDINGSTARS is free to assign any or all of its rights and obligations under this Agreement, and upon such assignment BUILDINGSTARS shall be relieved of any of the obligations under this Agreement so assigned, and all rights and obligations shall accrue to the successor or assignee.
B. By FRANCHISEE. BUILDINGSTARS has the right to reasonably disapprove any person or entity would have actual, legal or effective control over the Business and shall have the right to approve any Transfer. Consent to a Transfer shall not be deemed a waiver of BUILDINGSTARS' right to consent to any subsequent Transfers. BUILDINGSTARS will approve a sale, Transfer or change in ownership under the following conditions:
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- Governmental Compliance. The Transfer is conducted in compliance with applicable laws and regulations and the transferee has all permits and licenses necessary to operate the Business;
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- Prior Compliance. The FRANCHISEE has performed its obligations and duties under this Agreement and FRANCHISEE is not in default under this Agreement, or any other agreement with BUILDINGSTARS;
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Payments.
The transferor has satisfied all of its monetary obligations to BUILDINGSTARS, BUILDINGSTARS' Affiliates and suppliers under this Agreement and all other agreements it has with BUILDINGSTARS;
Release.
The FRANCHISEE, including all officers, directors and shareholders (as well as all guarantors under this Agreement) must execute a general release, in the form which we approve, of any and all claims against BUILDINGSTARS, BUILDINGSTARS' Affiliates, and their respective officers, directors, employees and agents;
Requirements of Transferee.
The transferee meets the established standards for new franchisees, is of good moral character, has a good credit rating, sufficient financial resources to operate the business and competent qualifications.
The transferee must execute a new Franchise Agreement with the standard terms and conditions then being offered in the FRANCHISEE'S state by BUILDINGSTARS and the owners must execute a personal guarantee.
Notwithstanding anything herein to the contrary, under no circumstances will BUILDINGSTARS be obligated to replace any customer accounts that have been transferred pursuant to the Transfer of Interest.
Transfer Fee.
The transferee pays a transfer fee of the lesser of: (i) $4,000; or (ii) 10% of the total sales price of the Interest being transferred including any down payments or amounts financed in lieu of the Franchise Fee, but in no event will the transfer fee be less than $1,500;
Assumption of Liabilities.
The transferee agrees to assume all liabilities and obligations from the prior operation of the Business, including the lease, and complies with other reasonable requirements BUILDINGSTARS may impose;
Completion of Training and Experience of Transferee.
The transferee and/or transferee's management team, including a designated manager, must successfully complete the initial training program.
In addition, BUILDINGSTARS can withhold consent if the transferee does not have adequate previous management experience, in BUILDINGSTARS' sole judgment, in order to fulfill the obligations of the FRANCHISEE;
Continuing Liability.
If BUILDINGSTARS approves an assignment, BUILDINGSTARS shall have the discretion to require FRANCHISEE and the guarantors to remain liable for the full and faithful performance of the obligations of the assignee; and
Economically Reasonable Terms.
Although BUILDINGSTARS will not be required to determine the value of business upon a Transfer, if in BUILDINGSTARS' reasonable judgment, the purchase price or terms of the sale are not economically feasible to the proposed assignee, BUILDINGSTARS can withhold its consent to such an assignment or Transfer.
Further, BUILDINGST
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2025 FDD)
According to Buildingstars' 2025 Franchise Disclosure Document, details regarding the transferability of interest in the franchise can be found in the Franchise Agreement under Item 22, specifically in the section titled "XIII. TRANSFERABILITY OF INTEREST."
This section outlines the conditions under which Buildingstars may assign its rights and obligations, as well as the conditions under which a franchisee may transfer their interest. Buildingstars has the right to reasonably disapprove of any person or entity that would have control over the business and must approve any transfer. Several conditions must be met for Buildingstars to approve a transfer, including compliance with laws and regulations, the franchisee's prior compliance with their obligations, satisfaction of monetary obligations to Buildingstars and its affiliates, and the execution of a general release of claims against Buildingstars.
The transferee must also meet the standards for new franchisees, have good moral character and credit rating, and possess sufficient financial resources and qualifications. The transferee is required to execute a new Franchise Agreement with standard terms and conditions and provide a personal guarantee. It is important to note that Buildingstars is not obligated to replace any customer accounts that have been transferred. Additionally, the transferee must pay a transfer fee of the lesser of $4,000 or 10% of the total sales price of the interest being transferred, but not less than $1,500.
In the event of the franchisee's death or incapacity, the franchisee may appoint a designated heir to continue operating the franchise, provided the heir meets certain qualifications. No transfer fee will be charged in such cases. Buildingstars also retains the right of first refusal if the franchisee receives a legitimate offer to acquire their interest, allowing Buildingstars to match the offer and acquire the interest themselves.