If the heirs or beneficiaries of a deceased Dryject franchisee are unable to satisfy the conditions of the Franchise Agreement, does the personal representative have time to dispose of the deceased's interest?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
In the event of Your death, mental incapacity or permanent disability or that of any person with a controlling interest in You, the executor, administrator, or personal representative of that person shall transfer his or her interest to a third party approved by Us within three (3) months after such death, mental incapacity or permanent disability. Such transfers, including, without limitation, transfers by devise or inheritance, shall be subject to the same restrictions and conditions as any inter vivos transfer. However, in the case of a transfer by devise or inheritance, if the heirs or beneficiaries of any deceased person are unable to fully satisfy the conditions contained in this Agreement, the personal representative of the deceased shall have a reasonable time, in Our sole discretion, to dispose of the deceased's interest in the Franchise, which disposition will be subject to all the terms and conditions for transfer contained in this Agreement. If the deceased's interest is not transferred within a reasonable time, as determined by Us in Our sole discretion, We may terminate this Agreement.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, in the event of the death of a Dryject franchisee, or a person with a controlling interest in the franchise, the executor, administrator, or personal representative must transfer the interest to a Dryject-approved third party within three months. This transfer is subject to the same restrictions and conditions as any transfer made during the franchisee's lifetime.
However, if the heirs or beneficiaries are unable to meet the requirements of the Franchise Agreement, the personal representative has a reasonable time, determined at Dryject's sole discretion, to dispose of the deceased's interest in the franchise. This disposition is still subject to all the standard transfer terms and conditions outlined in the agreement.
If the deceased's interest is not transferred within the timeframe that Dryject deems reasonable, Dryject retains the right to terminate the Franchise Agreement. This clause ensures that Dryject maintains control over who operates its franchises, even in the event of a franchisee's death, while providing some flexibility for the deceased's estate to manage the transfer.