If a Ledgers franchisee dies or becomes incapacitated, what is the deadline for completing the transfer of franchise rights to avoid termination of the agreement?
Ledgers Franchise · 2025 FDDAnswer from 2025 FDD Document
B. Transfer
We may terminate this Agreement unless, within sixty (60) days of your death or incapacity, your executor, personal representative or guardian:
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- seeks a transfer of your rights under this Agreement;
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- completes the transfer within six (6) months of your death or incapacity;
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- pays all monies owed to us, including the transfer fee, and
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- signs the then-current transfer and release form
Source: Item 22 — CONTRACTS (FDD page 46)
What This Means (2025 FDD)
According to Ledgers' 2025 Franchise Disclosure Document, in the event of a franchisee's death or incapacity, their executor, personal representative, or guardian has specific deadlines to meet in order to transfer the franchise rights and avoid termination of the agreement. The term "incapacity" is defined as a condition preventing the franchisee from performing their duties for 30 consecutive days.
Within 60 days of the franchisee's death or incapacity, the executor, personal representative, or guardian must seek a transfer of the franchisee's rights under the agreement. Furthermore, the transfer must be completed within six months of the death or incapacity. All monies owed to Ledgers must be paid, including the transfer fee, and the then-current transfer and release form must be signed.
The transferee must meet certain requirements, including fulfilling all legal and regulatory obligations to operate the franchised business, completing Ledgers' current franchisee application, passing the application screening, and successfully completing initial training. The transferee must also sign either an assignment of the rights remaining in the franchisee agreement or Ledgers' current franchisee agreement with the term adjusted to the remaining length of the original agreement. Failure to meet these deadlines and requirements may result in the termination of the franchise agreement.