factual

What happens to the Casiola Franchise Agreement if the Franchisor transfers it?

Casiola Franchise · 2024 FDD

Answer from 2024 FDD Document

  • (7) If the proposed Transfer includes or entails the Transfer of this Agreement, substantially all of the assets of the Franchised Business, a controlling interest in Franchisee, or is one of a series of Transfers which in the aggregate Transfers substantially all of the assets of the Franchised Business or a controlling interest in Franchisee, then, at the election of Franchisor and upon notice from Franchisor to Franchisee, the transferee may be required to execute (and/or, upon Franchisee's request, shall cause all interested parties to execute) for a term ending on the expiration date of the original Term of this Agreement, the then current standard form Franchise Agreement offered to new franchisees of Casiola Businesses and any other agreements as Franchisor requires.

Such agreements shall supersede this Agreement and its associated agreement in all respects, and the terms of Franchisor's then current agreements may differ from the terms in this Agreement, provided that such agreements shall provide for the same Royalty Fee, Advertising Contributions, and all other financial or monetary obligations established in this Agreement;

  • (8) The transferee, at its expense, must improve, modify, refurbish, renovate, remodel, and/or otherwise upgrade Franchisee's non-residential Administrative Office to conform to the then current standards and specifications of Franchisor, and the transferee must complete such improvements, modifications, refurbishments, renovations, remodeling, and/or upgrading within the time period Franchisor reasonably specifies;

Source: Item 23 — RECEIPTS (FDD pages 47–209)

What This Means (2024 FDD)

According to the 2024 Casiola Franchise Disclosure Document, if the proposed transfer includes the transfer of the Franchise Agreement, substantially all of the assets of the franchised business, a controlling interest in the franchisee, or is one of a series of transfers that in the aggregate transfers substantially all of the assets of the franchised business or a controlling interest in the franchisee, then Casiola has options regarding the agreement. Casiola can elect to require the transferee to execute the then-current standard form Franchise Agreement offered to new franchisees for a term ending on the expiration date of the original term.

This new agreement would supersede the original agreement in all respects. The terms of Casiola's current agreements may differ from the terms in the original agreement. However, the new agreement must provide for the same Royalty Fee, Advertising Contributions, and all other financial or monetary obligations established in the original agreement.

Additionally, the transferee, at its expense, must improve, modify, refurbish, renovate, remodel, and/or otherwise upgrade the franchisee's non-residential Administrative Office to conform to Casiola's then-current standards and specifications. These upgrades must be completed within a time period that Casiola reasonably specifies.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.