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What must happen before Management Recruiters remits the Franchisee's Share after termination of the agreement?

Management_Recruiters Franchise · 2024 FDD

Answer from 2024 FDD Document

Upon termination of this Agreement, the final payment of the Franchisee's Share shall be withheld and retained by Franchisor until an equivalent amount of Franchise Receivables, plus an amount of Franchise Receivables equal to any unpaid Continuing Fees or other fees payable to Franchisor hereunder, have been collected and remitted to Franchisor at which time (or as soon as reasonably practicable thereafter): (i) Franchisor shall remit to Franchisee the Franchisee's Share, if any, as determined in accordance with Section 5 hereof; and (ii) Franchisor shall assign to Franchisee any remaining Franchise Receivables.

Source: Item 23 — RECEIPTS (FDD pages 67–327)

What This Means (2024 FDD)

According to Management Recruiters' 2024 Franchise Disclosure Document, after the termination of the franchise agreement, Management Recruiters will withhold the final payment of the Franchisee's Share. This payment will be retained until an equivalent amount of Franchise Receivables, plus an amount of Franchise Receivables equal to any unpaid Continuing Fees or other fees payable to Management Recruiters, have been collected and remitted to Management Recruiters.

Once the equivalent amount of Franchise Receivables and any unpaid fees are collected and remitted, Management Recruiters will remit to the franchisee the Franchisee's Share, if any, as determined in accordance with Section 5 of the agreement. Additionally, Management Recruiters will assign to the franchisee any remaining Franchise Receivables.

In practical terms, this means that a franchisee will not receive their final share payment immediately upon termination. Instead, the franchisee's final payment is contingent upon Management Recruiters collecting outstanding receivables and ensuring all fees owed to them are paid. This process protects Management Recruiters' financial interests by ensuring that all outstanding obligations are settled before the franchisee receives their final payment. Franchise Receivables are defined as all receivables generated at the Franchisee's Location(s), which receivables shall be the exclusive property of the Franchisor including, without limitation, all Contract Staffing Receivables and all Recruiter Receivables.

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.