factual

What is the acknowledgement of the Franchise Owner(s) and Franchisee regarding the sale of their franchise to Buyer Company without the Franchisor's involvement in the Cool Binz agreement?

Cool_Binz Franchise · 2025 FDD

Answer from 2025 FDD Document

    1. [TRANSFERS – WHEN BUYER IS PAYING IN INSTALLMENTS] FRANCHISE OWNER(S) and Franchisee acknowledge and agree (i) that they negotiated the sale of their franchise to Buyer Company without the assistance, or any other involvement of the Franchisor; (ii) that the purchase price for such sale (the "Purchase Price") will not be paid in full at closing, but will be paid over a period of time after closing, and (iii) that they are assuming the full risk of nonpayment of the Purchase Price, FRANCHISE OWNER(S) and Franchisee further agree that they will not, in any manner, at any time, under any set of circumstances, seek payment of any portion of the Purchase Price from Cool Binz International, LLC, and/or any of its directors, officers, members, shareholders, employees, agents, representatives, heirs, successors or assigns.

Source: Item 23 — RECEIPTS (FDD pages 63–238)

What This Means (2025 FDD)

According to the 2025 Cool Binz Franchise Disclosure Document, Franchise Owners and Franchisees acknowledge specific conditions when selling their franchise to a Buyer Company without Cool Binz's direct involvement. They confirm that they negotiated the sale independently, without assistance from Cool Binz. They also acknowledge that the purchase price may be paid over time after the closing of the sale.

Furthermore, the Franchise Owner(s) and Franchisee understand and accept the risk of non-payment of the purchase price by the Buyer Company. They explicitly agree not to seek payment of any portion of the purchase price from Cool Binz International, LLC, or its associated parties, including directors, officers, members, shareholders, employees, agents, representatives, heirs, successors, or assigns, under any circumstances.

This agreement protects Cool Binz from financial claims related to independently negotiated franchise sales where the franchisor was not a party. It places the onus on the Franchise Owner(s) and Franchisee to vet the Buyer Company and secure the purchase price, as Cool Binz will not be held responsible for any payment defaults. This arrangement is not uncommon in franchising, as franchisors often want to remain separate from the financial transactions between franchisees and third-party buyers.

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.