If a Crave Cookies franchisee dies, who is responsible for transferring the business?
Crave_Cookies Franchise · 2025 FDDAnswer from 2025 FDD Document
- 15.4 Transfer upon Death or Incapacity. Upon the death or incapacity of Franchisee (or, if Franchisee is an entity, the Owner with the largest ownership interest in Franchisee), the executor, administrator, or personal representative of that person must Transfer the Business to a third party approved by Crave Cookies Franchising (or to another person who was an Owner at the time of death or incapacity of the largest Owner) within nine months after death or incapacity.
Such transfer must comply with Section 15.2.
Source: Item 22 — CONTRACTS (FDD page 47)
What This Means (2025 FDD)
According to Crave Cookies' 2025 Franchise Disclosure Document, in the event of the death or incapacity of a franchisee, or the owner with the largest ownership interest if the franchisee is an entity, the responsibility for transferring the Crave Cookies business falls to the executor, administrator, or personal representative of the deceased or incapacitated person. This representative is required to transfer the business to a third party approved by Crave Cookies, or to another person who was an owner at the time of death or incapacity.
The transfer must occur within nine months of the death or incapacity and must comply with the standard transfer conditions outlined in Section 15.2 of the franchise agreement. This section likely includes requirements such as the transferee meeting Crave Cookies' standards for new franchisees, executing the current franchise agreement, and paying any outstanding obligations.
This stipulation ensures that Crave Cookies maintains control over who operates its franchises, even in unforeseen circumstances. For a prospective franchisee, this means understanding that their estate will need to handle the transfer of the business according to Crave Cookies' guidelines, potentially incurring costs and requiring approval of the new operator. It is important to have a plan in place to ensure a smooth transition that aligns with both personal estate planning and the franchise agreement.