Does the Creative World School franchise agreement allow for involuntary transfers?
Creative_World_School Franchise · 2025 FDDAnswer from 2025 FDD Document
• If Franchisee is proposing to transfer a partial interest in Franchisee and Franchisor has an option to purchase or a right of first refusal with respect to that partial interest, Franchisor may exercise such option or right only if the proposed transferee is not a current owner or family member of a current owner of Franchisee. If the Franchisor's consent is required for any transfer (full or partial), Franchisor will not unreasonably withhold such consent. In the event of an approved transfer of the franchise interest or any portion thereof, the transferor will not be liable for the actions of the transferee franchisee.
Source: Item 23 — RECEIPTS (FDD pages 80–247)
What This Means (2025 FDD)
The 2025 Franchise Disclosure Document does not explicitly state whether Creative World School allows for involuntary transfers of its franchise agreements. However, the document does discuss conditions regarding the transfer of ownership. Specifically, if a franchisee proposes to transfer a partial interest in the franchise, Creative World School retains the option to purchase the interest if the proposed transferee is not a current owner or a family member of a current owner. Additionally, the document states that Creative World School's consent is required for any transfer, whether full or partial, and that such consent will not be unreasonably withheld.
This suggests that while franchisees have the ability to transfer their franchise, Creative World School maintains some control over who becomes a franchisee. The FDD also mentions that in the event of an approved transfer of the franchise interest, the transferor will not be liable for the actions of the transferee franchisee. This could be beneficial for a franchisee looking to sell their franchise, as they would not be held responsible for the new franchisee's actions.
While the FDD excerpts do not use the term "involuntary transfer," the information provided implies that Creative World School has certain rights regarding the sale or transfer of a franchise. A prospective franchisee should seek clarification from Creative World School regarding the specific circumstances under which an involuntary transfer might occur and what rights and obligations the franchisee would have in such a situation. Understanding these conditions is crucial for any potential franchisee to fully assess the risks and benefits of investing in a Creative World School franchise.