What conditions must a proposed transferee meet to be approved by Crawlspace Medic for a franchise transfer?
Crawlspace_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
If Franchisee has complied fully with this Agreement and subject to Franchisor's Right of First Refusal set forth in Section 16.6, Franchisor will not unreasonably withhold its consent of a Transfer that meets the following requirements:
- 16.3.1.
The proposed transferee and all its principals must have the demeanor, and be individuals of good character and otherwise meet Franchisor's thenapplicable standards for franchisees.
- 16.3.2.
The transferee must have sufficient business experience, aptitude and financial resources to operate the Franchised Business and to comply with this Agreement;
- 16.3.3.
The transferee has agreed to complete Franchisor's Initial Training Program to Franchisor's satisfaction;
- 16.3.4.
Franchisee has paid all amounts owed to Franchisor and third-party creditors;
- 16.3.5.
The transferee has executed Franchisor's then-standard form of Franchise Agreement, which may have terms and conditions different from this Agreement, except that the transferee shall not be required to pay the Initial Franchise Fee;
- 16.3.6.
Franchisee and the transferee and each of Franchisee's and the transferee's Principals shall have executed a general release under seal, in a form satisfactory to Franchisor, of any and all claims against Franchisor and Franchisor's officers, directors, shareholders, members and employees in their corporate and individual capacities, including, without limitation, claims arising under federal, state and local laws, rules and ordinances.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2024 FDD)
According to Crawlspace Medic's 2024 Franchise Disclosure Document, a franchisee wishing to transfer their franchise must first obtain written consent from Crawlspace Medic. Crawlspace Medic will not unreasonably withhold consent of a transfer that meets certain requirements.
Specifically, the proposed transferee and all its principals must have the demeanor and be individuals of good character and otherwise meet Crawlspace Medic's then-applicable standards for franchisees. The transferee must also have sufficient business experience, aptitude, and financial resources to operate the franchised business and comply with the franchise agreement. Additionally, the transferee must agree to complete Crawlspace Medic's Initial Training Program to Crawlspace Medic's satisfaction.
Furthermore, the franchisee must have paid all amounts owed to Crawlspace Medic and third-party creditors. The transferee must execute Crawlspace Medic's then-standard form of Franchise Agreement, though they will not be required to pay the Initial Franchise Fee. Finally, both the franchisee and the transferee, along with their principals, must execute a general release under seal, in a form satisfactory to Crawlspace Medic, releasing all claims against Crawlspace Medic and its officers, directors, shareholders, members, and employees.