What right does the Kitchen Solvers franchisee retain regarding the premises before an Assignment Event?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
Tenant shall retain right to possession of the 1.
Premises in accordance with the terms and conditions of the Lease until the occurrence of an Assignment Event (as defined in paragraph 2 of this Agreement).
Source: Item 22 — Contracts (FDD page 49)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, a franchisee retains the right to possess their business premises until an Assignment Event occurs. This right is subject to the terms and conditions outlined in the lease agreement. An Assignment Event is triggered if Kitchen Solvers declares the franchisee in default of the Franchise Agreement and the default remains uncured, upon the expiration or earlier termination of the Franchise Agreement, or if the franchisee expresses a desire to terminate the lease.
Upon the occurrence of an Assignment Event, Kitchen Solvers has the option to either assume and occupy the premises by providing written notice to the landlord and franchisee, or assign the lease to an affiliate or an approved Kitchen Solvers franchisee without needing the landlord's prior written consent. If Kitchen Solvers chooses to assign the lease to another franchisee, that franchisee must have a net worth equal to or greater than the original franchisee's net worth at the time of the lease execution, assume all of the original franchisee's obligations under the lease, and complete Kitchen Solvers' initial training program to their satisfaction.
It is important to note that if Kitchen Solvers exercises its right to assume the lease or assign it to another franchisee, the original franchisee remains obligated under the lease and is liable to Kitchen Solvers for all rent and other lease obligations paid by Kitchen Solvers. The landlord is not allowed to terminate or accelerate the rent owed under the lease as long as Kitchen Solvers, or its franchisee, assumes the obligations of the original franchisee in writing. However, this does not extend the term of the lease or provide Kitchen Solvers with any occupancy rights, renewal options, or other rights not expressly granted to the original franchisee in the lease.