How does Mr. Sandless define 'transfer' by the franchisee?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
| PROVISION | SECTION IN FRANCHISE AGREEMENT | SUMMARY | |
|---|---|---|---|
| k. | "Transfer" by franchisee – defined | 21.2 | If you are a partnership, corporation or limited liability company, the term "assignment" includes the transfer of any interest in the partnership, corporation or limited liability company. "Assignment" also includes the pledge or mortgage of any rights under the Franchise Agreement as security for any obligation. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 30–34)
What This Means (2025 FDD)
According to Mr. Sandless's 2025 Franchise Disclosure Document, a transfer by the franchisee is comprehensively defined within the context of the franchise agreement. Specifically, if the franchisee is a partnership, corporation, or limited liability company, the term 'assignment' includes the transfer of any interest in that business entity. This means that any change in ownership or equity stake within the franchisee's business structure is considered a transfer under the agreement.
Furthermore, the definition of 'assignment' also encompasses the pledge or mortgage of any rights under the Franchise Agreement as security for any obligation. This implies that if a franchisee uses their rights or interests in the Mr. Sandless franchise as collateral for a loan or other financial obligation, it is also classified as a transfer requiring franchisor oversight. This broad definition ensures that Mr. Sandless maintains control over who benefits from the franchise rights and how those rights are leveraged.
This definition is important for prospective franchisees because it clarifies that any change in the ownership or financial structure of their business entity, or using the franchise agreement as collateral, is subject to the transfer provisions of the agreement. Franchisees must seek approval from Mr. Sandless for such actions, and failure to do so could result in a breach of the agreement. This is a fairly standard clause in franchise agreements, as franchisors typically want to control who is operating under their brand and how the franchise is financed.