factual

What agreements and programs must the transferee and their personnel complete before transferring a Hyper Kidz franchise?

Hyper_Kidz Franchise · 2024 FDD

Answer from 2024 FDD Document

  • (c) the transferee and its personnel who will have access to the Confidential Information must have signed the Confidentiality and Non-Competition Agreement and have completed our training program to our satisfaction;

  • (d) the transferee and its Principals, at our option, must agree in a manner satisfactory to us to be bound by all terms and conditions of this Agreement for the remainder of its term or execute our then-current form of franchise agreement and such ancillary documents, including guarantees, as are then customarily used by us in the grant of franchises for Hyper Kidz Businesses, modified as necessary to provide for the same Royalty Fees required hereunder and a term equal to the remaining term of this Agreement;

Source: Item 22 — CONTRACTS (FDD page 52)

What This Means (2024 FDD)

According to Hyper Kidz's 2024 Franchise Disclosure Document, a transferee and their personnel must fulfill specific requirements before a franchise transfer can be approved. The transferee and any personnel who will access confidential information must sign a Confidentiality and Non-Competition Agreement. Additionally, they must complete Hyper Kidz's training program to the franchisor's satisfaction.

Furthermore, the transferee and its Principals, at Hyper Kidz's option, must agree to be bound by all the terms and conditions of the existing Franchise Agreement for the remainder of its term. Alternatively, they may be required to execute Hyper Kidz's then-current form of franchise agreement and any associated documents, including guarantees. This new agreement would be modified to maintain the same Royalty Fees and cover the remaining term of the original agreement.

In addition to these agreements and programs, the transferring franchisee and the transferee might need to execute a general release of claims against Hyper Kidz and its affiliates. If this agreement is being transferred, the franchisee and their Principals must execute a non-competition agreement in favor of Hyper Kidz and the transferee. The transferee must also furnish the information and references required of potential franchisees and attend a personal interview at Hyper Kidz's office, at their own expense. These conditions ensure that the transferee meets Hyper Kidz's standards and is fully prepared to operate the franchise successfully.

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.