How long does Hck Hot Chicken have to match an offer for a franchisee's Hck Hot Chicken Restaurant?
Hck_Hot_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Development Agreement | Summary from the sale of fried chicken, or (iii) any business engaged in the |
|---|---|---|
| preparation, production or sale, at wholesale, of any fried chicken food product. Notwithstanding the foregoing, Competitive Activities shall not include the direct or indirect ownership solely as an investment, of securities of any entity which are traded on any national securities exchange if the owner thereof (i) is not a controlling person of, or a member of a group which controls, such entity and (ii) does not, directly or indirectly, own 5% or more of any class of securities of such entity. | ||
| r. Non-competition covenants after the franchise is terminated or expires | Section 8.2 | Except with our express written consent, no involvement in any Competitive Activities, as defined above, for 2years within the Development Area. |
| s. Modification of the | Section 8.3 | The Area Development Agreement may be modified only by |
| agreement | written agreement between the parties. | |
| t. Integration/merger clause | Section 11.9 | Only the terms of the Area Development Agreement are binding (subject to applicable state law). Any representations or promises outside of this Franchise Disclosure Document and Area Development Agreement may not be enforceable. |
| u. Dispute resolution by arbitration or mediation | Section 10 | Before either of us may file for arbitration, you and we agree to attempt to resolve any dispute pursuant to mediation held in the principal city closest to our principal place of business (currently Sarasota, FL) and the mediation will be governed in accordance with Rules of Practice and Procedure of Judicial Arbitration & Mediation Services, Inc., unless otherwise agreed, subject to applicable state law. |
| v. Choice of forum | Sections 10.1,10.2 and 11.15 | Before either of us may file arbitration, you and we agree to attempt to resolve any dispute pursuant to mediation held in the principal city closest to our principal place of business (currently Sarasota, FL) and the mediation will be governed in accordance with Rules of Practice and Procedure of Judicial Arbitration & Mediation Services, Inc., unless otherwise agreed. Subject to applicable state law, litigation must be in the principal city closest to our principal place of business (currently Sarasota, FL). |
| w. Choice of law | Section 11.8 | The laws of the state of Florida, subject to applicable state law. |
Source: Item 17 — RENEWAL, TERMINATIONS, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 44–51)
What This Means (2025 FDD)
Based on the 2025 Hck Hot Chicken Franchise Disclosure Document, the document does not specify a time frame within which Hck Hot Chicken must match an offer a franchisee receives for their Hck Hot Chicken Restaurant. However, the FDD does outline the conditions and requirements for transferring a franchise, including the need for franchisor approval.
Item 17 details the conditions for franchisor approval of a transfer, stating that transfers require the express written consent of Hck Hot Chicken. The franchisor can withhold consent for any reason in its sole judgment. The franchisee must meet several conditions to get approval, such as ensuring the new franchisee qualifies, assumes the Franchise Agreement, completes training, and refurbishes the Restaurant. The franchisee must also provide an estoppel agreement, a list of all persons with interest in the Franchise Agreement, pay all outstanding amounts, sign a general release and a non-compete agreement, provide all transfer-related documents, disclose all requested material information about the transferee, and pay a transfer fee and broker fees.
Since the FDD does not state a specific timeframe for Hck Hot Chicken to match an offer, it is important for a prospective franchisee to discuss this point with the franchisor. Understanding the typical time frame for the franchisor to respond to a transfer request and whether the franchisor has a right of first refusal can be crucial for a franchisee planning to sell their Hck Hot Chicken Restaurant.