What costs can Fly To Fit include when calculating transfer fees in Washington?
Fly_To_Fit Franchise · 2024 FDDAnswer from 2024 FDD Document
Transfer fees are collectable to the extent that they reflect the franchisor's reasonable estimated or actual costs in effecting a transfer.
Source: Item 23 — RECEIPTS (FDD pages 44–134)
What This Means (2024 FDD)
According to Fly To Fit's 2024 Franchise Disclosure Document, Washington state law dictates the scope of transfer fees. Fly To Fit is permitted to collect transfer fees only to the extent that these fees accurately represent the company's reasonable estimated or actual costs incurred during the transfer process.
This means that Fly To Fit cannot impose arbitrary or inflated transfer fees. Instead, the fees must be directly tied to the expenses Fly To Fit incurs when facilitating the transfer of a franchise to a new owner. These costs could include administrative expenses, legal fees, the cost of training the new franchisee, and other documented expenses associated with the transfer.
For a prospective Fly To Fit franchisee in Washington, this regulation provides some protection against excessive transfer fees. However, it's important to note that "reasonable estimated or actual costs" can still be subjective. A potential franchisee should carefully review the transfer fee policy in the franchise agreement and seek clarification from Fly To Fit regarding what specific costs are covered by the transfer fee. It would be prudent to consult with an attorney to ensure that the fees are indeed reasonable and compliant with Washington law.