What agreements must a Burros Fries franchisee comply with to be eligible for a transfer?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee and its Owners and/or Principals will agree not to compete, not to divert business, or attempt to hire employees, after the transfer in accordance with restrictions acceptable to us and substantially similar to those described in Section 19.C of this Agreement; and
Franchisee and its Owners and/or Principals will not directly or indirectly at any time or in any manner (except with respect to other Burros & Fries Business that Franchisee or its Principals own and operate) identify itself or any business as a current or former Burros & Fries business owner or as one of our franchise owners; use any Mark, any colorable imitation of a Mark, or other indicia of a Burros & Fries Business in any manner or for any purpose; or utilize for any purpose any trade name, trade or service mark or other commercial symbol that suggest or indicates a connection or association with us as described in Sections 24.A and 24.C of this Agreement.
In addition, the Franchisee must submit copies of the draft Asset Purchase Agreement or Ownership Purchase Agreement, all draft Promissory Notes, and Security Agreements, with the transferee, regardless of whether they are Franchisee financed or lender financed. In addition to all other grounds for rejection, we have the right to reject any proposed purchase of the assets of the Franchised Business or any type of ownership interest in the Franchisee or Franchised Business on the grounds that the proposed transferee has, in our sole opinion, taken on too much debt.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to Burros Fries's 2024 Franchise Disclosure Document, a franchisee looking to transfer their franchise must adhere to several stipulations. The franchisee, along with their owners and/or principals, must agree not to compete with Burros Fries, divert business, or attempt to hire employees after the transfer. These restrictions must be acceptable to Burros Fries and substantially similar to those outlined in Section 19.C of the Franchise Agreement.
Furthermore, the franchisee, including their owners and/or principals, must not identify themselves or any business as a current or former Burros Fries business owner, or as one of Burros Fries's franchise owners. They are prohibited from using any Burros Fries marks, imitations of marks, or other indicators of a Burros Fries business. Additionally, they cannot use any trade names, trademarks, service marks, or commercial symbols that suggest a connection with Burros Fries, as described in Sections 24.A and 24.C of the agreement.
In addition to these agreements, the franchisee is required to submit copies of the draft Asset Purchase Agreement or Ownership Purchase Agreement, along with all draft Promissory Notes and Security Agreements, to Burros Fries. This submission is required regardless of whether the financing is franchisee-financed or lender-financed. Burros Fries retains the right to reject any proposed purchase of the assets of the franchised business or any type of ownership interest if, in their opinion, the proposed transferee has taken on too much debt. This comprehensive set of requirements ensures that Burros Fries maintains control over its brand and the financial stability of its franchisees, even during a transfer of ownership.