Under what circumstances will the Devon Creek franchise terminate upon the death or permanent disability of the franchisee?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
- 16.7 Death or Permanent Disability. The grant of rights under this Agreement is personal to Franchisee, and on the death or permanent disability of Franchisee or any of Franchisee's Principals, as the case may be, the Franchise granted by this Agreement
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2024 FDD)
According to Devon Creek's 2024 Franchise Disclosure Document, the franchise agreement is personal to the franchisee. The agreement terminates upon the death or permanent disability of the franchisee or any of the franchisee's principals.
This means that the rights granted to operate a Devon Creek franchise are not automatically transferable to heirs or other parties in the event of the franchisee's death or disability. The franchisor retains control over who operates the franchise and ensures that the standards and practices of the Devon Creek system are maintained.
This provision is fairly standard in franchising, as franchisors typically want to ensure that the business continues to be operated by someone who is qualified and committed to the brand. In the event of death or disability, the franchisor may offer the opportunity to transfer the franchise to a qualified party, but they are not obligated to do so. A prospective franchisee should discuss with Devon Creek what specific steps or options might be available in such a situation.