In the event of death or permanent disability, does a transfer of the Cicis franchise interest have the same terms and conditions as an inter vivos transfer?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
Any Transfer upon death or permanent disability will be subject to the same terms and conditions as described in this Section 13 for any inter vivos Transfer.
Source: Item 22 — CONTRACTS (FDD pages 64–65)
What This Means (2025 FDD)
According to Cicis's 2025 Franchise Disclosure Document, a transfer of the franchise interest due to death or permanent disability is subject to the same terms and conditions as a transfer made during the owner's lifetime (an inter vivos transfer).
However, Cicis (or their designee) has the option to purchase the interest in the franchise upon the death or permanent disability of the franchisee or managing owner. This option must be exercised in writing within 20 days of receiving notice of the event. The purchase price will be based on the agreed value of the restaurant, which is determined by the initial value less any liabilities assumed by Cicis. The initial value is calculated differently depending on when the death or disability occurs relative to the restaurant's opening date.
If Cicis does not exercise its option to purchase the franchise, the interests must be transferred to a Cicis-approved third party within 12 months of the death or permanent disability. In the case of permanent disability, Cicis may require the transfer within six months of notification. The FDD defines "permanent disability" as a condition preventing the person from fulfilling their obligations for at least 90 consecutive days, with recovery within 90 days being unlikely, as determined by a physician selected by Cicis.