Can Central Bark Doggy Day Care withhold consent for assignment for any reason whatsoever?
Central_Bark_Doggy_Day_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
- (a) This Agreement has been entered into by us in reliance upon and in consideration of the singular personal skill, qualifications and trust and confidence that we have in you. Therefore, subject to our right of first refusal pursuant to Section 7.3(d) of this Agreement, neither your interest in this Agreement nor any of your rights or privileges hereunder shall be assigned or transferred, voluntarily or involuntarily, in whole or in part, by operation of Applicable Law or otherwise ("Assignment"), in any manner without our prior written consent, which consent may be withheld for any reason whatsoever.
Source: Item 1 — Franchisee shall have paid all Royalty Fees, advertising fund contributions, LAC contributions, amounts owed for purchases by Franchisee from Franchisor, or Franchisor's affiliates, and all other amounts owed to Franchisor, Franchisor's affiliates, and third-party creditors, and shall have submitted to Franchisor all required reports and statements; (FDD pages 106–233)
What This Means (2025 FDD)
According to Central Bark Doggy Day Care's 2025 Franchise Disclosure Document, the company can withhold consent for the assignment of a franchise agreement for any reason. The agreement is based on the franchisor's trust and confidence in the franchisee's skills and qualifications.
This means that a franchisee cannot transfer their interest in the agreement or their rights and privileges without Central Bark Doggy Day Care's prior written consent. This consent can be withheld for any reason, giving Central Bark Doggy Day Care broad discretion over who operates a franchise.
This clause is typical in franchising, as franchisors want to maintain control over their brand and ensure that new operators meet their standards. However, the 'for any reason whatsoever' clause gives Central Bark Doggy Day Care significant power, and a prospective franchisee should carefully consider this when evaluating the franchise opportunity.