factual

What transfer fee does Chocolate Fish Coffee charge if a franchisee transfers their franchise?

Chocolate_Fish_Coffee Franchise · 2024 FDD

Answer from 2024 FDD Document

rchase option to another party.

ARTICLE 15. TRANSFERS

  • 15.1 By Chocolate Fish Franchising. Chocolate Fish Franchising may transfer or assign this Agreement, or any of its rights or obligations under this Agreement, to any person or entity, and Chocolate Fish Franchising may undergo a change in ownership and/or control, without the consent of Franchisee.
  • 15.2 By Franchisee. Franchisee acknowledges that the rights and duties set forth in this Agreement are personal to Franchisee and that Chocolate Fish Franchising entered into this Agreement in reliance on Franchisee's business skill, financial capacity, personal character, experience, and business ability. Accordingly, Franchisee shall not conduct or undergo a Transfer without providing Chocolate Fish Franchising at least 60 days prior notice of the proposed Transfer, and without obtaining Chocolate Fish Franchising's consent. In granting any such consent, Chocolate Fish Franchising may impose conditions, including, without limitation, the following:
    • (i) Chocolate Fish Franchising receives a transfer fee equal to $10,000 plus any broker fees and other out-of-pocket costs incurred by Chocolate Fish Franchising;
    • (ii) the proposed assignee and its owners have completed Chocolate Fish Franchising's franchise application processes, meet Chocolate Fish Franchising's then-applicable standards for new franchisees, and have been approved by Chocolate Fish Franchising as franchisees;
    • (iii) the proposed assignee is not a Competitor;
    • (iv) the proposed assignee executes Chocolate Fish Franchising's then-current form of franchise agreement and any related documents, which form may contain materially different provisions than this Agreement (provided, however, that the proposed assignee will not be required to pay an initial franchise fee);

  • (v) all owners of the proposed assignee p

Source: Item 23 — RECEIPTS (FDD pages 41–119)

What This Means (2024 FDD)

According to Chocolate Fish Coffee's 2024 Franchise Disclosure Document, a franchisee who wishes to transfer their franchise must first obtain Chocolate Fish Coffee's consent. As part of this process, Chocolate Fish Coffee may impose certain conditions.

One of these conditions is that Chocolate Fish Coffee receives a transfer fee. This fee is equal to $10,000, in addition to any broker fees and other out-of-pocket costs incurred by Chocolate Fish Coffee during the transfer process.

In addition to the transfer fee, the proposed assignee must also complete Chocolate Fish Coffee's franchise application process, meet the then-applicable standards for new franchisees, and be approved by Chocolate Fish Coffee. The proposed assignee must not be a competitor and must execute Chocolate Fish Coffee's current form of franchise agreement. All owners of the proposed assignee must also provide a guaranty.

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.