Under what circumstance does Deka Lash have the option to purchase a franchisee's business, and at what price?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
| Provision | Franchise Agreement | Summary |
|---|---|---|
| Agreement |
|
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| 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 |
| refusal to acquire franchisee's business | purchase offer for your franchise, any interest in the franchise, or substantially all the assets of the Franchised Business. | |
| o. Franchisor's option to purchase franchisee's business | 15.c. | Upon franchisee's death, we may purchase the business for fair market value. |
| p. Death or disability of franchisee | 15 | With |
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, Deka Lash has the option to purchase a franchisee's business under specific circumstances. Upon the death of a franchisee, Deka Lash has the option to purchase the business. The purchase price in this situation is the fair market value of the business.
This provision ensures that in the event of the franchisee's death, Deka Lash has a mechanism to maintain control over the franchise's operation and brand integrity. It also provides a way for the deceased franchisee's estate to liquidate the business interest.
Within 90 days of the franchisee's death, several actions must occur: an heir can assume operations, the interest can be transferred to an approved party, the business can be sold to Deka Lash, or operations must cease. This relatively short timeframe puts pressure on the franchisee's estate to act quickly. The determination of 'fair market value' could be a point of negotiation or contention, potentially requiring an independent valuation to ensure a fair price for both parties.