obligation

What must a Dryer Vent Squad franchisee ensure regarding the transfer of the franchise?

Dryer_Vent_Squad Franchise · 2024 FDD

Answer from 2024 FDD Document

such assignee's owner(s) if the proposed transferee is a Corporate Entity) must be of good moral character, have sufficient business experience, aptitude and financial resources to own and operate a Dryer Vent Squad Business, and otherwise meet Franchisor's then applicable standards for franchisees as determined by Franchisor in its sole, but reasonable discretion. Furthermore, the proposed transferee and the proposed transferee's owners may not own or operate, or intend to own or operate, a Competitive Business. Franchisee agrees that Franchisor may condition approval of a Transfer upon Franchisee's satisfaction (either before, or contemporaneously with, the effective date of the Transfer) of the following:

(1) Franchisee must provide written notice to Franchisor of the proposed Transfer of this Agreement at least 30 days prior to the Transfer, and Franchisee must have also satisfied the obligations set forth in Article 14.F. below;

  • (2) All accrued monetary obligations of Franchisee and all other outstanding obligations to Franchisor and/or Franchisor's affiliates under this Agreement and the Ancillary Agreements must be satisfied in a timely manner, and Franchisee must satisfy all trade, supplier, and vendor accounts and other debts, of whatever nature or kind, in a timely manner;
  • (3) Franchisee and each Owner must not be in default or material breach of this Agreement or the Ancillary Agreements;
  • (4) The transferee shall be bound by all terms and conditions of this Agreement, and each owner of the transferee shall personally execute the Franchise Owner Agreement and Individual Guaranty in the form attached to this Agreement as Exhibit 1;
  • (5) All obligations of Franchisee under this Agreement and the Ancillary Agreements shall be assumed by the transferee, and each individual owner of transferee in a manner satisfactory to Franchisor;
  • (6) Franchisee, and each Owner must execute the General Release attached to this Agreement as Exhibit 6 releasing Franchisor, Franchisor's Affiliates and Franchisor's past and present officers, directors, shareholders, members, partners, agents, representatives, independent contractors, servants and employees, of any and all claims against Franchisor for matters arising on, or before, the effective date of the Transfer;
  • (7) If the proposed Transfer includes or entails the Transfer of this Agreement, substantially all of the assets of the Franchised Business, a controlling interest in Franchisee, or is one of a series of Transfers which in the aggregate Transfers substantially all of the assets of the Franchised Business or a controlling interest in Franchisee, then, at the election of Franchisor and upon notice from Franchisor to Franchisee, the transferee may be required to execute (and/or, upon Franchisee's request, shall cause all interested parties to execute) for a term ending on the expiration date of the original Term of this Agreement, the then current standard form franchise agreement offered to new franchisees of Dryer Vent Squad Businesses and any other agreements as Franchisor requires. Such agreements shall supersede this Agreement and its associated agreement in all respects, and the terms of Franchisor's then current agreements may differ from the terms in this Agreement, provided that such agreements shall provide for the same Royalty Fee, Advertising Contributions, and all other financial or monetary obligations established in this Agreement;
  • (8) The transferee, at its expense, must improve, modify, refurbish, renovate, remodel, and/or otherwise upgrade Franchisee's non-residential Administrative Office to conform to the then current standards and specifications of Franchisor, and the transferee must complete such improvements, modifications, refurbishments, renovations, remodeling, and/or upgrading within the time period Franchisor reasonably specifies;
  • (9) Franchisee, and each Owner shall remain liable for all obligations to Franchisor set forth in this Agreement;
  • (10) At the transferee's expense, the transferee, and the transferee's managing owner, managers and/or any other applicable employees of transferee'

Source: Item 23 — RECEIPTS (FDD pages 51–207)

What This Means (2024 FDD)

According to Dryer Vent Squad's 2024 Franchise Disclosure Document, a franchisee looking to transfer their franchise must meet several conditions to gain approval from Dryer Vent Squad. The franchisee must provide written notice to Dryer Vent Squad at least 30 days before the proposed transfer. They also need to ensure all outstanding monetary and other obligations to Dryer Vent Squad and its affiliates are satisfied in a timely manner, including settling all trade, supplier, and vendor accounts. The franchisee and each owner must not be in default or material breach of the Franchise Agreement or any associated agreements.

Furthermore, the proposed transferee must be of good moral character, possess sufficient business experience, aptitude, and financial resources to successfully operate a Dryer Vent Squad business, and meet Dryer Vent Squad's standards for franchisees. The transferee and their owners cannot own or operate a competitive business. The transferee must agree to be bound by all the terms and conditions of the existing Franchise Agreement, and each owner of the transferee must personally execute the Franchise Owner Agreement and Individual Guaranty.

Additionally, the franchisee and each owner must execute a General Release, releasing Dryer Vent Squad from any claims arising on or before the transfer date. The transferee may be required to execute the then-current standard form franchise agreement for new franchisees, which would supersede the original agreement, although it must maintain the same Royalty Fee, Advertising Contributions, and other financial obligations. The transferee is also responsible for upgrading the administrative office to meet Dryer Vent Squad's current standards within a specified timeframe. The franchisee and each owner remain liable for all obligations to Dryer Vent Squad, and the transferee must complete any required training programs. Finally, the franchisee must pay a Transfer Fee of $5,000 if the transferee is an existing franchisee or $12,500 for all other transfers.

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.