factual

What must a Deka Lash franchisee do when transferring the franchise agreement?

Deka_Lash Franchise · 2024 FDD

Answer from 2024 FDD Document

Provision Franchise Agreement Summary
Agreement
  • execute any transfer, amendment, or release forms that we may require;
  • provide to us a copy of the proposed transfer documents;
  • comply with the post-termination provisions; and
  • request that we provide the prospective transferee with our current franchise disclosure document.
  • pay to us the Transfer Fee;
  • pay to us the Prospect Generation Fee, as applicable;
  • the purchase price and terms of the proposed transfer are not so burdensome to the prospective transferee as to impair or materially threaten its future operation.
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.

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.