factual

Does Southern Steer require the franchisee to assign their lease to the franchisor?

Southern_Steer Franchise · 2025 FDD

Answer from 2025 FDD Document

Further, the Franchisee must execute a Collateral Assignment of Lease attached to this Agreement as Attachment F-1, whereby the Franchisee agrees to assign the Franchisee's rights in the Lease to the Franchisor in the event of a termination or expiration of the term of this Agreement or a default under the Lease.

26. LEASE AS SECURITY; TERMINATION OF LEASE

26.1. Franchisee's Assignment of the Lease. The Franchisee hereby assigns all of its right, title and interest in and to the Lease (which is incorporated herein by reference) to the Franchisor as security for the Franchisee's performance of the terms and conditions of this Agreement. If an Event of Default occurs, then the Franchisor will have the right and option, but not the obligation, to take and assume the Lease for the remaining term of the Lease under the same terms and conditions, including rental, as originally contracted for by the Franchisee.

Further, the Franchisee must provide written evidence to the Franchisor that the Franchisee either owns or has the right to lease the Franchised Location for at least five additional years after the end of the Initial Term or preceding Successor Term, as the case may be;

The Franchisee will provide the Franchisor with a copy of the proposed Lease for the site of the Franchised Location selected by the Franchisee at least 30 days before the date the Lease is to be signed.

The enforceability of the Lease must be conditioned on Franchisor approving the Franchisee as a Southern Steer Franchisee and the enforceability of this Agreement.

The Franchisee will use its best efforts to negotiate and secure from the lessor of the Franchised Location the terms and conditions set forth herein and in the Form of Lease Addendum attached hereto.

Upon Lessee's default and failure to cure the default within the applicable cure period, if any, under either the Lease or the Franchise Agreement, Franchisor will, at its option, have the right, but not the obligation, to take an automatic assignment of Lessee's interest and at any time thereafter to re-assign or sublet the Lease to a new franchisee without Lessor's consent and to be fully released from any and all liability to Lessor upon the reassignment, provided Franchisee agrees to assume Lessee's obligations and the Lease.

Upon the expiration or termination of either the Lease or the Franchise Agreement, Lessor will cooperate with and assist Franchisor in securing possession of the Premises and if Franchisor does not elect to take an assignment of the Lessee's interest, Lessor will allow Franchisor to enter the Premises, without being guilty of trespass and without incurring any liability to Lessor, to remove all signs and all other items identifying the Premises as a Franchised Southern Steer Business and to make other modifications (such as repainting) as are reasonably necessary to protect the "Southern Steer Butcher" marks and system, and to distinguish the Premises from a Franchised Southern Steer Business.

Source: Item 22 — ITEM. 22 CONTRACTS (FDD pages 61–168)

What This Means (2025 FDD)

According to the 2025 Southern Steer Franchise Disclosure Document, franchisees are required to execute a Collateral Assignment of Lease, which allows the franchisee's rights in the lease to be assigned to Southern Steer under specific conditions. This assignment serves as security for the franchisee's performance under the Franchise Agreement.

Specifically, if an Event of Default occurs, Southern Steer has the option, but not the obligation, to assume the lease for its remaining term under the original terms and conditions. Events of Default include termination of the agreement by either party, the franchisee ceasing business at the Franchised Location, failure to secure a Successor Franchise Agreement, or termination of the lease. Southern Steer can exercise this right at its sole election and is not responsible for the franchisee's past-due obligations under the lease.

Additionally, the franchisee must provide Southern Steer with a copy of the proposed lease at least 30 days before signing it. The enforceability of the lease must be conditional on Southern Steer approving the franchisee. The franchisee must also use their best efforts to negotiate terms and conditions in the lease that align with the Form of Lease Addendum provided by Southern Steer.

In the event of a default under either the lease or the Franchise Agreement, Southern Steer has the right to take an automatic assignment of the franchisee's interest and re-assign or sublet the lease to a new franchisee without the lessor's consent. Upon expiration or termination of either the lease or the Franchise Agreement, the lessor is required to cooperate with Southern Steer in securing possession of the premises. If Southern Steer does not elect to take an assignment of the lessee's interest, the lessor will allow Southern Steer to enter the premises to remove signs and other items identifying the premises as a Southern Steer Business.

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.