Under what circumstances is a Fitstop franchise interest transferable upon death?

the majority interest or interests. This right shall continue for a period of one (1) calendar year from the closing of the transfer transaction by which we obtain in excess of 50% of the interests in you.

• 15.10 Our Right of First Refusal will not apply to an approved transfer to a beneficiary in your will or a beneficiary by intestate succession nor to a transfer during lifetime to the spouse or adult child of the transferor. However, we can exercise our Right of First Refusal in the event of a proposed transfer of

this Agreement by your executor, administrator, guardian, or other personal representative or by the beneficiary who takes under your will or by intestate succession.

• 15.11 Your interest in this Agreement is transferable by will or by intestate succession upon your death, and this includes the interest of a partner in a partnership or the stock ownership of a shareholder in a corporation which owns you. 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;

Source: Item 23 — RECEIPTS (FDD pages 50–135)