factual

Under what circumstances does Fly To Fit have a right of first refusal to acquire my business?

Fly_To_Fit Franchise · 2024 FDD

Answer from 2024 FDD Document

Provision Section in franchise or other agreement Summary
n. Franchisor's right of first refusal to acquire franchisee's business FA: § 15.5 MUDA: none If you want to transfer your business (other than to your co-owner or your spouse, sibling, or child), we have a right of first refusal.

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION THE FRANCHISE RELATIONSHIP (FDD pages 35–39)

What This Means (2024 FDD)

According to Fly To Fit's 2024 Franchise Disclosure Document, Fly To Fit has a right of first refusal if a franchisee wants to transfer their business. This stipulation, detailed in the Franchise Agreement under Section 15.5, means that before a franchisee can sell or transfer their Fly To Fit franchise to a third party, they must first offer Fly To Fit the opportunity to purchase the business on the same terms.

This right of first refusal does not apply to transfers to a co-owner, spouse, sibling, or child. This exception allows for familial succession or business partner transitions without triggering Fly To Fit's intervention. However, any other potential buyer would first need to be vetted by Fly To Fit, giving them the option to buy the franchise themselves before it goes to an outside party.

For a prospective Fly To Fit franchisee, this clause means that exiting the business through a sale may involve an additional step. While it doesn't prevent a sale, it does give Fly To Fit control over who ultimately becomes the new owner, ensuring that the brand's interests are protected. Franchisees should consider this when planning their exit strategy, as it could potentially delay or alter the sale of their franchise.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.