Does Bumble Roofing's consent to a transfer of interest waive any claims Bumble Roofing may have against the assignor?
Bumble_Roofing Franchise · 2025 FDDAnswer from 2025 FDD Document
- (e) Franchisor's consent to a transfer of any interest subject to the restrictions of this Section shall not constitute a waiver of any claim it may have against the assignor, nor shall it be deemed a waiver of Franchisor's right to demand exact compliance with any of the terms of this Agreement by the assignee;
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2025 FDD)
According to Bumble Roofing's 2025 Franchise Disclosure Document, the franchisor's consent to a transfer of any interest does not constitute a waiver of any claims it may have against the assignor. This means that even if Bumble Roofing approves the transfer of a franchise to a new owner, it retains the right to pursue any existing claims against the original franchisee (the assignor).
Furthermore, Bumble Roofing's consent to a transfer does not waive its right to demand exact compliance with the franchise agreement terms by the new franchisee (the assignee). This ensures that the new franchisee is held to the same standards and obligations as the original franchisee.
For a prospective Bumble Roofing franchisee, this clause is important because it clarifies that transferring the franchise doesn't automatically absolve them of any prior liabilities or breaches of contract. Even after a transfer is approved, Bumble Roofing can still pursue claims against the original franchisee. It also means that the new franchisee must adhere strictly to the franchise agreement, as Bumble Roofing's approval of the transfer does not imply any leniency in enforcing the agreement's terms.