What must a Deka Lash franchisee do when transferring the franchise agreement?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
| Provision | Franchise Agreement | Summary |
|---|---|---|
| Agreement |
|
|
| n. Franchisor's right to first | 14.6 | Transferee must: - meet our criteria; - execute our then-current Franchise Agreement; - pay any initial franchise fee, as applicable; - satisfactorily complete our initial training program; - obtain necessary licenses and permits; - obtain any lessor approval for transfer; - the transfer must be made in compliance with any laws that apply to the transfer. We have a right of first refusal to match any |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 49–54)
What This Means (2024 FDD)
According to Deka Lash's 2024 Franchise Disclosure Document, a franchisee looking to transfer their franchise agreement must fulfill several requirements. First, the franchisee must execute any transfer, amendment, or release forms that Deka Lash requires. They must also provide Deka Lash with a copy of the proposed transfer documents and comply with post-termination provisions. Additionally, the franchisee must request that Deka Lash provide the prospective transferee with the current franchise disclosure document.
Furthermore, the franchisee is responsible for paying the Transfer Fee and the Prospect Generation Fee, if applicable. The terms of the proposed transfer, including the purchase price, must not be overly burdensome to the prospective transferee, ensuring it does not impair or materially threaten the business's future operation.
The prospective transferee must also meet Deka Lash's criteria, execute the then-current Franchise Agreement, and pay any applicable initial franchise fee. They must satisfactorily complete Deka Lash's initial training program, obtain all necessary licenses and permits, and secure any required lessor approval for the transfer. The transfer must also comply with all applicable laws. It is also important to note that Deka Lash retains the right of first refusal to match any purchase offer for the franchise.