factual

Does Schedule B for Coffee News allow for indirect assignment or transfer of rights and obligations?

Coffee_News Franchise · 2025 FDD

Answer from 2025 FDD Document

    1. The parties agree that neither party may assign or transfer any rights and obligations under this Schedule B, directly or indirectly except upon the prior written consent of the other party. Subject to the foregoing, this Schedule B shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns.

Source: Item 23 — Receipts (FDD pages 36–118)

What This Means (2025 FDD)

According to the 2025 Coffee News Franchise Disclosure Document, Schedule B outlines the terms of the Promissory Note. Regarding the transfer of rights and obligations, the document states that neither party may directly or indirectly assign or transfer any rights and obligations under Schedule B without the prior written consent of the other party. However, Schedule B is binding upon and will benefit the parties, their successors, and assigns, subject to the previously mentioned condition.

This means that as a Coffee News franchisee, you cannot transfer your rights or obligations related to the Promissory Note (Schedule B) to another party without first obtaining written consent from Coffee News. This restriction protects Coffee News by ensuring they have control over who assumes the financial obligations and responsibilities associated with the franchise agreement.

While the clause restricts the franchisee's ability to unilaterally transfer the agreement, it also states that the agreement is binding upon and benefits the parties' successors and assigns, provided the necessary consent is obtained. This suggests that transfers are possible with franchisor approval, offering some flexibility while maintaining franchisor oversight. A prospective franchisee should discuss the conditions under which Coffee News will grant consent for assignment or transfer to fully understand their options.

Disclaimer: This information is extracted from the 2025 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.