Does Cinch I.T. have the right to transfer its obligations under the Multi-Unit Developer Agreement?
Cinch_I_T Franchise · 2024 FDDAnswer from 2024 FDD Document
8. ASSIGNMENT
- 8.1 We shall have the absolute right to transfer or assign all or any part of Our rights or obligations hereunder to any person or legal entity which assumes Our obligations under this Agreement and We shall thereby be released from any and all further liability to You.
Source: Item 23 — RECEIPTS (FDD pages 60–269)
What This Means (2024 FDD)
According to Cinch I.T.'s 2024 Franchise Disclosure Document, Cinch I.T. has the right to transfer or assign its rights and obligations under the Multi-Unit Development Agreement. Specifically, Cinch I.T. can transfer all or any part of its rights or obligations to another person or legal entity.
However, there is a condition attached to this right. The person or legal entity to whom Cinch I.T. transfers these obligations must assume Cinch I.T.'s obligations under the agreement. Once this assumption occurs, Cinch I.T. is released from any further liability to the Multi-Unit Developer.
This clause is fairly standard in franchising, allowing the franchisor flexibility in the event of a merger, acquisition, or other business restructuring. For a prospective Cinch I.T. multi-unit developer, this means that the original entity they contracted with might not be the entity they deal with throughout the term of the agreement. However, the franchisee's rights should remain protected as the new entity is required to assume the original franchisor's obligations.