factual

What is the condition of the Chem-Dry COA regarding transferability?

Chem_Dry Franchise · 2024 FDD

Answer from 2024 FDD Document

ifferent designated franchised areas;

WHEREAS, the Chem-Dry franchise agreements ("Agreements") between Franchisee and CDI pertaining to the Franchises requires Franchisee to establish an office location within each franchised area and to operate the Franchises from each office location;

WHEREAS, Franchisee desires to establish only one office located in one of its franchised areas and to operate all of the Franchises from that single office location; and

WHEREAS, CDI is willing to grant an exception to the office location requirement in the Agreements, on a limited, non transferrable, and revocable basis.

NOW, THEREFORE, in consideration of the mutual promises made herein, CDI and Franchisee agree to be bound by the following terms and conditions

    1. Unless this COA is signed in conjunction with the sale of a new Chem-Dry franchise, Franchisee agrees to pay CDI a nonrefundable administration fee of $500.00 as consideration for the privilege of headquartering all Franchises from a single office location.
    1. This COA will expire with the Franchise Agreement, and is non renewable and non-transferrable.
    1. Pursuant to section 11 of the Agreements, Franchisee agrees to maintain and preserve full and accurate books for each franchise headquartered at the single office location.
    1. Upon expiration of this COA, Franchisee may be eligible to enter into a second COA with CDI so long as Franchisee notifies CDI of its desire to do so at least sixty (60) days prior to the expiration of this COA. Any subsequent COAs will be upon then current terms and conditions and will require payment of the then current fee.

Source: Item 23 — Receipts (FDD pages 68–264)

What This Means (2024 FDD)

According to the 2024 Chem-Dry Franchise Disclosure Document, the Consolidated Office Agreement (COA) is explicitly non-transferable. This agreement allows a franchisee to operate multiple Chem-Dry franchises from a single office location, which is an exception to the standard requirement of having an office in each designated franchise area.

The COA is granted on a limited and revocable basis, meaning Chem-Dry can terminate it with 60 days' written notice, with or without cause. If the COA is terminated, the franchisee must move all franchise operations to office locations within the designated franchised areas within the timeframe specified in Chem-Dry's notice.

This non-transferability clause means that if a franchisee sells their Chem-Dry business, the new owner cannot assume the benefits of the COA. The COA expires with the Franchise Agreement and is non-renewable, adding another layer of restriction. A franchisee may be eligible to enter into a subsequent COA with Chem-Dry, but it will be under the then-current terms and conditions and require payment of the then-current fee, subject to Chem-Dry's sole discretion.

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.