To whom can a Fitstop franchise interest be transferred during the franchisee's lifetime?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
If you or a shareholder or partner in you is determined by a court of competent jurisdiction to be legally incompetent, the guardian of the concerned person who is appointed by the court may transfer the interest of the incompetent to the extent allowed by law.
Your interest in this Agreement, including the interest of a partner in a partnership or the stock ownership of a shareholder in a corporation which owns you, is also transferable during your lifetime to a spouse or adult child of the transferor.
However, all such transfers are subject to our conditions and requirements regarding transfers as set forth herein, including, but not limited to, application, approval by us, payment of the application, transfer, and training fees, the transferee's execution of the then-current Franchise Agreement, and to our Right of First Refusal where applicable.
However, if the transfer is to a named beneficiary or to the spouse or an adult child of an individual, transfer fees are not payable.
- 15.12 Conditions for our approval of transfer include, but are not limited to, the following: (1) you are in full compliance with this Agreement; (2) you pay us all amounts due; (3) transferee and its general managers satisfactorily complete our training program, (4) transferee executes our then-current form of Franchise Agreement; (5) the transfer fee is paid; (6) we approve any written agreements regarding transfer; (7) you supply any additional information we require; (8) you provide, as a personal covenant to the transferee, in addition to your covenants to us, an agreement not to seek to divert business from us and our franchisees; and (9) you sign a general release and other documents we require.
Source: Item 23 — RECEIPTS (FDD pages 50–135)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, a franchisee's interest in the Franchise Agreement can be transferred during their lifetime to a spouse or adult child. Additionally, if a court deems the franchisee legally incompetent, the court-appointed guardian can transfer the franchisee's interest as allowed by law.
However, Fitstop requires that all transfers are subject to specific conditions and requirements. These include submitting an application, receiving approval from Fitstop, paying application, transfer, and training fees (unless the transfer is to a named beneficiary, spouse, or adult child), and the transferee's execution of the then-current Franchise Agreement. Fitstop also retains a Right of First Refusal, where applicable.
Fitstop's conditions for approval of a transfer include the franchisee being in full compliance with the Franchise Agreement and paying all outstanding amounts due to Fitstop. The potential transferee and their general managers must also satisfactorily complete Fitstop's training program and execute the then-current form of the Franchise Agreement. The transferor must also agree not to divert business from Fitstop and its franchisees and sign a general release and other required documents.