This is a modification of a franchise and license agreement and assignment and assumption of the modified franchise and license agreement between Company and Original Franchisee.
West Virginia Franchise Sale Agreement - Agreement to Transfer Franchise to Third Party
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The franchisee has to ask the franchisor's consent to sell. The franchise agreement may say that they first must meet certain conditions. For example, the franchisee may have to pay an assignment fee to the franchisor and rectify any defects at their premises.
The person to whom you are transferring your franchise must agree in writing to take over all obligations and responsibilities under the franchise agreement such as the obligation to pay royalties to the franchisor and protect the franchisor's trade secrets. Written approval from the franchisor.
Franchisors typically require a transfer fee payment before an existing franchise purchase can begin. This fee covers the franchise's cost of evaluating you as a new owner and the transfer process. Transfer fee payments can either be imposed on the seller or buyer.
And there are situations where you might want to sell your franchise because, for instance, you've made a lot of money from it, and you can get a good sale price to fund another venture. But either way you'll have to transfer the franchise agreement to the person taking over your business before you can walk away.
When it comes to structuring franchise arrangements, there are typically three different types franchise agreements. Single-Unit Franchise Agreement. ... Area Development Agreement. ... Master Franchise Agreement.
Selling Your Franchise in Three Simple Steps Step 1: Prepare Your Franchise for Sale. Start by contacting your franchisor. ... Step 2: Market Your Franchise for Sale. Most business brokers use online portals and their own proprietary databases to market businesses for sale. ... Step 3 ? Negotiate and Close the Deal.
Sometimes a franchisee may want to sell their business before the term of their agreement is up. If selling before the agreement ends, the franchisee must ask the franchisor's consent to sell. Franchisors cannot unreasonably withhold their consent to a transfer.
The key elements of a franchise agreement generally include: Territory rights. ... Minimum performance standards. ... Franchisors services requirements. ... Franchisee payments. ... Trademark use. ... Advertising standards. ... Exclusivity clause. ... Insurance requirements.