What is the exception to Care Plus Medical Ucc's right of first refusal regarding transfers?

According to the 2024 FDD, Care Plus Medical Ucc has a right of first refusal before a franchisee engages in a transfer of their franchise. However, there are exceptions to this right. Care Plus Medical Ucc does not have a right of first refusal in the event of a transfer under Section 15.3, to a co-Owner, or to a spouse, sibling, or child of an Owner.

Section 15.3 outlines specific conditions for transfers related to the convenience of ownership. If the franchisee is an individual, they may transfer the agreement to a corporation or limited liability company after providing at least 15 days' notice to Care Plus Medical UCC, provided certain conditions are met. These conditions include the transferee providing required information, the franchisee providing copies of the entity's charter documents, the franchisee owning all voting securities of the corporation or limited liability company, and the franchisee providing a guaranty.

This means a Care Plus Medical Ucc franchisee can transfer their franchise to a business entity they control, or to certain close family members or co-owners, without Care Plus Medical Ucc having the first option to purchase the franchise. However, any transfer outside of these specific exceptions would trigger Care Plus Medical Ucc's right of first refusal, allowing them to purchase the franchise under the same terms offered to a third party.