factual

What agreement does the proposed transferee of a Fat Shack franchise need to sign?

Fat_Shack Franchise · 2025 FDD

Answer from 2025 FDD Document

HACK Restaurant.

17.2. Pre-Conditions to Franchisee's Transfer

Franchisee agrees that there may be no transfers before the FAT SHACK Restaurant has opened for business. FSI will not approve a proposed transfer in any case where Franchisee (and its owners) is not in full compliance with this Agreement. The proposed transferee and its owners must be individuals of good moral character and otherwise meet FSI's then applicable standards for franchisees. In the event of a transfer, all of the following conditions must be met before or concurrently with the effective date of the transfer:

  • a. All amounts due and owing pursuant to this Agreement or otherwise by Franchisee to FSI, its affiliates or to third parties whose debts or obligations FSI has guaranteed on behalf of Franchisee, if any, are paid in full;
  • b. Franchisee has submitted all required reports and statements;
  • c. Franchisee has not violated any provision of this Agreement, the FAT SHACK Restaurant's lease, or any other agreement with FSI during the 60-day period before Franchisee requested FSI's consent to the transfer or during the period between Franchisee's request and the effective date of the transfer:
  • d. The proposed transferee agrees to operate the FAT SHACK Restaurant as a FAT SHACK Restaurant, signs the then-current form of franchise agreement, the provisions of which may differ materially from any and all of those contained in this Agreement, and satisfactorily completes the initial training program;
  • e. Franchisee provides written notice to FSI at least 30 days prior to the proposed effective date of the transfer, and includes information reasonably detailed to enable FSI to evaluate the

terms and conditions of the proposed transfer, and which at a minimum includes a written offer from the proposed transferee;

  • f. The proposed transferee provides information to FSI sufficient for FSI to assess the proposed transferee's business experience, aptitude and financial qualifications, and FSI approves the proposed transferee as a franchisee;
  • g. Unless waived or reduce by FSI in its sole discretion, Franchisee provides to FSI a plan acceptable to FSI in its sole discretion for the proposed transferee to receive a minimum of 10 days of on-site assistance, the exact length of which shall be determined by FSI. If approved by FSI, this on-site assistance may be provided in whole or in part by Franchisee. If some or all of this on-site assistance is provided by FSI, Franchisee or the proposed transferee shall pay FSI $500 for each day of assistance provided by FSI, which shall be in addition to the transfer fee noted below:
  • h. Neither the transferee nor its owners or affiliates operate or have an interest in a Competitive Business (defined in Section 21.1);
  • i. Franchisee's landlord allows Franchisee to transfer the FAT SHACK Restaurant's lease to the transferee;
  • j. If Franchisee or its owners finance any part of the purchase price, Franchisee and/or its owners agree that all of the transferee's obligations under promissory notes, agreements, or security interests reserved in the FAT SHACK Restaurant are subordinate to the transferee's obligations to pay fees and other amounts due to FSI and otherwise to comply with this Agreement;
  • k. Franchisee executes a general release, in a form satisfactory to FSI, of any and all claims against FSI, its affiliates and their respective shareholders, members, managers, officers, directors, employees and agents; and
  • l. Franchisee abides by all post-termination covenants, including, without limitation, the covenant not to compete set forth

Source: Item 23 — Receipts (FDD pages 53–223)

What This Means (2025 FDD)

According to the 2025 Fat Shack Franchise Disclosure Document, a proposed transferee must sign the then-current form of the franchise agreement. This agreement's provisions may differ significantly from the original franchisee's agreement. The transferee must agree to operate the Fat Shack Restaurant as a Fat Shack Restaurant and satisfactorily complete the initial training program.

Several preconditions must be met before or concurrently with the transfer's effective date. These include ensuring all amounts owed by the franchisee to Fat Shack, its affiliates, or third parties are paid in full, and that the franchisee has submitted all required reports and statements. The franchisee must also not have violated any provision of the Franchise Agreement, the Fat Shack Restaurant's lease, or any other agreement with Fat Shack during the 60-day period before requesting consent to the transfer or between the request and the effective date.

The proposed transferee must also provide information sufficient for Fat Shack to assess their business experience, aptitude, and financial qualifications, and Fat Shack must approve the transferee as a franchisee. Unless waived or reduced by Fat Shack, the franchisee must provide a plan for the transferee to receive a minimum of 10 days of on-site assistance. The transferee, its owners, or affiliates must not operate or have an interest in a Competitive Business. Additionally, the franchisee's landlord must allow the transfer of the Fat Shack Restaurant's lease to the transferee.

Furthermore, if the franchisee or its owners finance any part of the purchase price, their obligations must be subordinate to the transferee's obligations to pay fees and comply with the agreement with Fat Shack. The franchisee must execute a general release of any claims against Fat Shack, its affiliates, and their respective shareholders, members, managers, officers, directors, employees, and agents, in a form satisfactory to Fat Shack. Finally, the franchisee must abide by all post-termination covenants, including the covenant not to compete.

Disclaimer: This information is extracted from the 2025 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.