What section of the Flowerama Franchise Agreement outlines the requirements for the Estate to sell the franchise after the franchisee's death or disability?
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, the requirements for the Estate to sell the franchise after the franchisee's death or disability are detailed in Section 29 of the Franchise Agreement and Paragraph 8 of the Co-Branding Addendum for a Start-Up Flowerama Center.
Upon the death or disability of the franchisee, the rights pass to their Estate. The Estate has the option to continue operating the Flowerama Center, provided they supply an acceptable supervisorial or managerial employee who successfully completes Flowerama's Initial Training Program.
If the Estate chooses to sell the franchise, it must adhere to the requirements outlined in section (m.) of Item 17, which covers the general conditions for franchisor approval of transfer. For a Co-Brand Flowerama Center – Existing Center, the requirements will be set forth in the existing Franchise Agreement.