factual

If Dryer Vent Squad transfers the Franchise Agreement, does the agreement remain in effect?

Dryer_Vent_Squad Franchise · 2024 FDD

Answer from 2024 FDD Document

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  • (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;

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

What This Means (2024 FDD)

According to the 2024 Dryer Vent Squad Franchise Disclosure Document, if Dryer Vent Squad transfers the Franchise Agreement, the agreement may or may not remain in effect. The transferee is generally bound by the original terms and conditions. However, Dryer Vent Squad has the option to require the transferee to execute the then-current standard franchise agreement for new franchisees, which would supersede the original agreement.

If Dryer Vent Squad elects to have the transferee use the current standard franchise agreement, the new agreement will extend for a term ending on the original expiration date. The terms of the new agreement may differ from the original, but it must maintain the same Royalty Fee, Advertising Contributions, and other financial obligations as the original agreement.

In addition, the transferee is responsible for upgrading the administrative office to meet Dryer Vent Squad's current standards. The franchisee and each owner remain liable for all obligations to Dryer Vent Squad as outlined in the original agreement. The transferee must also complete any training programs in effect for franchisees. 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.