factual

What criteria does Crawlspace Medic use to evaluate a proposed transferee?

Crawlspace_Medic Franchise · 2024 FDD

Answer from 2024 FDD Document

  • 6.3.1 The proposed transferee must be an individual of good moral character and otherwise meet Franchisor's then-applicable standards for multi-unit franchisees.
    • 6.3.2 The transferee must have sufficient business experience, aptitude and financial

  • resources to operate multiple Crawlspace Medic outlets and to comply with this Agreement;

  • 6.3.3 The transferee has agreed to complete Franchisor's Initial Franchise Training Program to Franchisor's satisfaction;

  • 6.3.4 Developer has paid all amounts owed to (i) Franchisor pursuant to this Agreement and all Franchise Agreements and other agreements between Franchisor and/or Franchisor's affiliates and Developer and (ii) third-party creditors;

  • 6.3.5 The transferee has executed Franchisor's then-standard form of Multi-Unit Development Agreement, which may have terms and conditions different from this Agreement, for a term no less than the unexpired term of future development obligations due pursuant to the Mandatory Development Schedule of this Agreement;

  • 6.3.6 Developer and the transferee 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.

Developer agrees to subordinate any claims Developer may have against the transferee to Franchisor, and indemnify Franchisor against all claims brought against Franchisor by the transferee for a period of three (3) years following the transfer;

  • 6.3.7 Franchisor has granted written approval of the material terms and conditions of the Transfer, including, without limitation, that the price and terms of payment will not adversely affect the transferee's development obligations.

However, Franchisor's approval of a Transfer is not in any way a representation or warranty of the transferee's success or the soundness of transferee's decision to purchase the Developer's development rights on such terms and conditions.

Source: Item 22 — CONTRACTS (FDD page 42)

What This Means (2024 FDD)

According to the 2024 Crawlspace Medic Franchise Disclosure Document, the franchisor assesses several factors when a developer seeks to transfer their rights. Crawlspace Medic requires that the proposed transferee meet the franchisor's standards for multi-unit franchisees. This includes having sufficient business experience, aptitude, and financial resources to operate multiple Crawlspace Medic outlets and comply with the franchise agreement.

Additionally, the transferee must agree to complete Crawlspace Medic's Initial Franchise Training Program to the franchisor's satisfaction. The developer must have paid all amounts owed to Crawlspace Medic and third-party creditors. The transferee must execute Crawlspace Medic's then-standard form of Multi-Unit Development Agreement, with a term no less than the unexpired term of future development obligations.

Furthermore, both the developer and the transferee must execute a general release of all claims against Crawlspace Medic. The developer must also agree to subordinate any claims against the transferee to Crawlspace Medic and indemnify Crawlspace Medic against claims brought by the transferee for three years following the transfer. Crawlspace Medic must grant written approval of the material terms of the transfer, including price and payment terms, ensuring they do not adversely affect the transferee's development obligations. However, Crawlspace Medic approval does not guarantee the transferee's success.

Disclaimer: This information is extracted from the 2024 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.