Under what conditions will a transferee of a Fitstop franchise be required to sign the then-current Franchise Agreement?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
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 transferee may be required to execute the then-current Franchise Agreement as a condition for approval of the transfer. This requirement applies to various transfer scenarios, including transfers to a spouse or adult child, or when a court deems someone legally incompetent and their guardian transfers their interest.
Fitstop outlines several conditions for transfer approval, including the transferee's execution of the then-current Franchise Agreement. Other conditions include the franchisee being in full compliance with the existing agreement, paying all outstanding amounts, and the transferee completing the training program. The transferee must also pay all applicable fees and sign any required transfer documents, including personal guarantees.
If the then-current Franchise Agreement is required to be signed by the transferee, Fitstop states that no new initial franchise fee will be required, and the term of the franchise will be established under the new Franchise Agreement. This ensures that the transferee operates under the most up-to-date terms and conditions set by Fitstop. This is a fairly standard practice in franchising, as franchisors want all franchisees to be operating under the same agreement.