factual

What fee must a Chatime franchisee pay to the franchisor before an assignment can be approved?

Chatime Franchise · 2025 FDD

Answer from 2025 FDD Document

Franchisor must not unreasonably withhold its consent under clause 13.2(2) if the sale, assignment or other Disposal is of the whole of Franchisee's interest in the Franchise and the Franchised Business and each of the following conditions are satisfied:

  • (1) Franchisee establishes to Franchisor's reasonable satisfaction that the proposed assignee (and its Owners and directors if the assignee is a company):
    • (a) Possesses the financial resources necessary to conduct and operate the Franchised Business as a franchisee and to service any borrowings it makes in order to acquire The Franchised Business;
    • (b) Is a reputable and responsible party and has the business experience and capabilities necessary to operate the Franchised Business successfully; and
    • (c) Otherwise meets Franchisor's criteria for the selection of new Chatime franchisees;
  • (2) Franchisee pays to Franchisor the Transfer Fee;
  • (3) Franchisee, both when seeking consent to the assignment and when the assignment is to occur, is not in default under this Agreement or any Collateral Agreement;
  • (4) At the option of Franchisor:
    • (a) The assignee executes Franchisor's then-standard form franchise agreement for the balance remaining of the Initial Term (including any existing option for a New Term); or
    • (b) Franchisee and the assignee execute an assignment of Franchisee's rights and obligations under this Agreement to the assignee in a form required by Franchisor,

and Franchisee and the assignee execute any other documents then used by Franchisor for the grant of Chatime franchises;

  • (5) When the assignee is a company, those directors and shareholders or other Affiliates of the assignee nominated by Franchisor each:
    • (a) Executed and deliver a personal guarantee and indemnity and undertake similar personal restraints to those given by Guarantor under this Agreement in favor of, and in the form attached as Exhibit 3;
    • (b) Executed and deliver a confidentiality and non-competition agreement in the form attached as Exhibit 4; and
    • (c) Execute the new franchise agreement or assignment in their personal capacities;
  • (6) The assignee's proposed manager is approved by Franchisor and successfully completes

Franchisor's required training program;

Source: Item 23 — Receipts (FDD pages 58–262)

What This Means (2025 FDD)

According to Chatime's 2025 Franchise Disclosure Document, a franchisee must pay a "Transfer Fee" to Chatime before an assignment of the franchise can be approved. This fee is one of several conditions that must be met for Chatime to grant its consent to the transfer.

Other conditions include ensuring the proposed assignee has the necessary financial resources, a good reputation, and the business experience to operate the franchise successfully. The assignee must also meet Chatime's criteria for new franchisees. Furthermore, the franchisee seeking to assign the franchise must not be in default under the Franchise Agreement or any related agreements.

Chatime also has the option to require the assignee to execute the then-current standard franchise agreement or an assignment of the existing agreement. If the assignee is a company, its directors, shareholders, or other affiliates nominated by Chatime must execute personal guarantees, confidentiality agreements, and the new franchise agreement or assignment in their personal capacities. Finally, the assignee's proposed manager must be approved by Chatime and successfully complete the required training program.

Disclaimer: This information is extracted from the 2025 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.