What is the 'Transfer Date' in the context of a Clean Your Dirty Face franchise transfer?
Clean_Your_Dirty_Face Franchise · 2025 FDDAnswer from 2025 FDD Document
In the event that any term or condition of this Consent is not met by the parties as of the date of the Transfer (the "Transfer Date"), including any representation or warranty that is not true as of the Effective Date or the Transfer Date, Franchisor's consent to the Transfer may be withdrawn, and any transfer that occurs thereafter, of any kind, including the Transfer, shall be deemed an unauthorized transfer under the terms of the Original Agreement.
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- Termination of Original Agreement. Upon consummation of the Transfer, the Original Agreement will automatically terminate effective as of the Transfer Date. After the Transfer Date, the provisions of the Original Agreement shall be of no further force or effect; provided, that nothing in this Consent will be deemed to terminate or release the Transferor Parties from any of the following obligations (together, the "Surviving Obligations"): (i) any obligations under the Original Agreement that, either expressly or by their nature, survive termination thereof (including, post-
Source: Item 23 — RECEIPTS (FDD pages 54–186)
What This Means (2025 FDD)
According to Clean Your Dirty Face's 2025 Franchise Disclosure Document, the Transfer Date is the date on which the transfer of a Clean Your Dirty Face Facial Bar occurs. The franchisor's consent to the transfer is contingent upon specific terms and conditions being satisfied on or before this Transfer Date. If these conditions are not met by the Transfer Date, the franchisor has the right to withdraw their consent, potentially rendering the transfer unauthorized under the original agreement.
Several conditions must be met to ensure a smooth transfer process. All representations and warranties made by the transferring and receiving parties must be accurate as of the Transfer Date. Neither party should have violated any agreements with Clean Your Dirty Face, its affiliates, or any suppliers or landlords associated with the Clean Your Dirty Face Facial Bar. The transferring party also needs to ensure compliance with the original agreement up to the Transfer Date, including payment of all dues and submission of all required reports.
Furthermore, the original agreement between the transferring franchisee and Clean Your Dirty Face automatically terminates on the Transfer Date. After the transfer, the original agreement is no longer in effect. However, certain obligations of the transferring party, such as those that naturally survive termination, remain in force. The franchisor's consent to the transfer applies solely to the specific transfer and does not imply consent for any future transfers or assignments.