factual

What franchisee qualifications must a proposed transferee meet to gain Pearce Bespoke approval?

Pearce_Bespoke Franchise · 2025 FDD

Answer from 2025 FDD Document

default under this Agreement;

    1. Franchisee executes a written agreement in a form satisfactory to Franchisor, in which Franchisee covenantsto observe all applicable post-term obligations and covenants contained in this Agreement;
    1. The transferee-franchisee enters into a written agreement in a form satisfactory to Franchisor assuming and agreeing to discharge all of Franchisee's obligations and covenants under this Agreement for the remainder of its term or, at Franchisor's option, executes Franchisor's then-current standard form of franchise agreement which may not contain any further rights of renewal, but may contain royalty rates and advertising contributions (which may be different than those contained in this Agreement), and an altered Franchised Territory;
    1. The transferee-franchisee is not a competitor of Franchisor or the Business system and is approved by Franchisor and demonstrates to Franchisor's satisfaction that he/she meets Franchisor's managerial, financial, and business standards for new franchisees, possesses a good business reputation and credit rating, and has the aptitude and ability to conduct the franchised business. Franchisee understands that Franchisor may communicate directly with the transferee-franchisee during the transfer process to respond to inquiries, as well as to ensure that the transferee-franchisee meets Franchisor's qualifications;
    1. While Franchisor does not determine the purchase price, Franchisor may determine that the purchase price and payment terms will adversely affect the transferee-franchisee's operation of the Pearce Bespoke Franchise;

Source: Item 22 — CONTRACTS (FDD page 39)

What This Means (2025 FDD)

According to Pearce Bespoke's 2025 Franchise Disclosure Document, a transferee-franchisee must meet several qualifications to gain approval. The transferee must not be a competitor of Pearce Bespoke or its business system. Additionally, the transferee must be approved by Pearce Bespoke and demonstrate that they meet the company's managerial, financial, and business standards for new franchisees. They also need to possess a good business reputation and credit rating, along with the aptitude and ability to conduct the franchised business.

Furthermore, the transferee-franchisee must enter into a written agreement, satisfactory to Pearce Bespoke, assuming and agreeing to discharge all of the transferring franchisee's obligations and covenants under the existing Franchise Agreement for the remainder of its term. Alternatively, at Pearce Bespoke's option, the transferee may be required to execute Pearce Bespoke's then-current standard form of franchise agreement. This new agreement may not contain any further rights of renewal and could feature different royalty rates, advertising contributions, and an altered Franchised Territory compared to the original agreement.

Finally, the transferee-franchisee must successfully complete Pearce Bespoke's training program. Pearce Bespoke may also communicate directly with the transferee during the transfer process to ensure they meet these qualifications. While Pearce Bespoke does not determine the purchase price, it may assess whether the purchase price and payment terms will adversely affect the transferee-franchisee's ability to operate the Pearce Bespoke Franchise.

Disclaimer: This information is extracted from the 2025 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.