If a Flowerama franchisee's Estate wishes to continue operating the Flowerama Center after the franchisee's death or disability, what is the requirement regarding a supervisorial or managerial employee?
Flowerama Franchise · 2024 FDDAnswer from 2024 FDD Document
| Provisions | Section in Franchise Agreement and Co Branding Addendums to Franchise Agreement | Summary | |
|---|---|---|---|
| (p) | Death or disability of franchisee | Section 29 of Franchise Agreement; Paragraph 8 of Co Branding Addendum to Franchise Agreement; for a Start-Up Flowerama Center | On your death or disability your rights pass to your "Estate." Your Estate may continue operating the Flowerama Center if it provides an acceptable supervisorial or managerial employee who must complete our next Initial Training Program. Estate may sell the franchise following requirements - see (m.) above Co-Brand Flowerama Center – Existing Center: the requirements will be set forth in your existing Franchise Agreement. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 60–71)
What This Means (2024 FDD)
According to Flowerama's 2024 Franchise Disclosure Document, if a franchisee dies or becomes disabled, their Estate has the right to continue operating the Flowerama Center. However, this continuation is contingent upon the Estate providing an acceptable supervisorial or managerial employee. This employee is then required to complete Flowerama's next Initial Training Program.
This requirement ensures that even in the event of the franchisee's death or disability, the Flowerama Center will continue to be managed by someone who is trained and qualified according to Flowerama's standards. The Initial Training Program likely covers key aspects of running the business, including operations, customer service, and adherence to Flowerama's brand standards.
It is important for prospective Flowerama franchisees to understand this provision, as it provides a framework for business continuity in unforeseen circumstances. The Estate also has the option to sell the franchise, subject to specific requirements outlined elsewhere in the Franchise Agreement. Franchisees should review section (m.) for further details on selling the franchise.