Under what transfer circumstances does Fly To Fit NOT have right of first refusal?

According to Fly To Fit's 2024 Franchise Disclosure Document, Fly To Fit has a right of first refusal before a franchisee engages in a transfer. However, there are some exceptions to this rule. Fly To Fit does not have a right of first refusal under Section 15.3, to a co-Owner, or to a spouse, sibling, or child of an Owner.

Section 15.3 outlines the conditions for a transfer for convenience of ownership. If the franchisee is an individual, they may transfer the agreement to a corporation or limited liability company formed for ownership convenience, provided they give Fly To Fit at least 15 days' notice and meet certain conditions before the transfer. These conditions include providing required information, copies of entity documents if requested, owning all voting securities of the entity, and providing a guaranty.

This means a Fly To Fit franchisee can transfer ownership under these specific circumstances without first offering Fly To Fit the opportunity to purchase the franchise. However, it is important to note that these exceptions are narrowly defined. Any other transfer would trigger Fly To Fit's right of first refusal, allowing them to purchase the franchise under the same terms offered by a third party.