Under what condition will the Exit Subfranchisor provide consent to transfer?
Exit Franchise · 2025 FDDAnswer from 2025 FDD Document
Subfranchisor will not unreasonably withhold its consent, which consent must be in writing, to any proposed Transfer, provided Franchisee and/or the transferee comply with the following, non-exclusive, conditions:
- (A) Franchisee shall have fully complied with the provisions of this Agreement, curing all defaults and noncompliance under this Agreement and any other franchise agreements it may have with Subfranchisor and EXIT; and
- (B) Franchisee shall have paid fully all monies due EXIT, Subfranchisor, and Brokers' Council; and
- (C) Franchisee shall submit to Subfranchisor current, accurate financial statements and other documents sufficient to enable Subfranchisor to determine and approve (in its discretion) the character, integrity, creditworthiness, business experience, reasonable net worth, professional credentials and ethical background of the proposed transferee; and
- (D) Franchisee shall furnish Subfranchisor with copies of the transfer documents, in a form acceptable to Subfranchisor; and
- (E) Franchisee shall provide both the proposed transferee and Subfranchisor complete financial information on the subject franchise required by the transferee; and
- (F) Franchisee shall provide Subfranchisor, on the then current form prescribed by Subfranchisor or EXIT, a full general release and waiver in favor of Subfranchisor, EXIT and their affiliates; and
- (G) Franchisee shall pay the transfer fee required under Section 18.5;
- (H) The proposed transferee shall sign Subfranchisor's then current form of Guaranty of this Agreement; and
- (I) The proposed transferee shall complete, or agree to complete, the training required under Section 9.11.
Source: Item 23 — RECEIPT (FDD pages 42–235)
What This Means (2025 FDD)
According to Exit's 2025 Franchise Disclosure Document, the subfranchisor will not unreasonably withhold consent to a transfer, provided the franchisee and/or the transferee comply with specific conditions. This consent must be provided in writing.
The conditions include the franchisee fully complying with all provisions of the franchise agreement, curing all defaults, and paying all monies due to Exit, the subfranchisor, and the Brokers' Council. The franchisee must also submit accurate financial statements and documents that allow the subfranchisor to assess the transferee's character, integrity, creditworthiness, business experience, net worth, professional credentials, and ethical background.
Additional requirements include providing copies of the transfer documents in a form acceptable to the subfranchisor, complete financial information on the franchise, and a full general release and waiver in favor of the subfranchisor, Exit, and their affiliates. The franchisee must also pay the required transfer fee. The proposed transferee must sign the subfranchisor's current form of Guaranty of the Agreement and complete the required training.
These conditions ensure that any transfer of the Exit franchise maintains the standards and financial stability of the franchise network. Prospective franchisees should carefully review these requirements and understand the process for obtaining consent to transfer their franchise.