By William Bruce
The following information and long list of franchises that are are ineligible for SBA financing are taken directly from the Small Business Administration website at http://www.sba.gov/content/franchise-findings. Note that franchise transfer issues are the most commonly cited problem in disqualifying franchises for SBA financing.
(For franchises that are qualified for SBA-guaranteed loans ranked best to worst by loan defaults, please see our article here.)
Quoting the SBA on those franchises that are ineligible for loans:
SBA attorneys have assembled a listing of Issues of Eligibility they have identified in various franchise/license/dealer/jobber or similar agreements (Agreements), which SBA calls Franchise Findings. This list contains the names of those franchises and systems that have requirements in their Agreements that could cause the business to be ineligible for SBA Financial Assistance. This list is made available for use by Lenders/CDCs in evaluating the eligibility of a small business that operates under an Agreement. This list is only a guide and is not a substitute for a full review of the Agreement.
The issues listed on the Franchise Findings list reflect SBA’s rules, regulations and SOPs in effect at the time of the attorney’s review. Agreements are constantly updated and changed; therefore, the items on the list may no longer be an issue in the current version of an Agreement. There may, however, be other issues that have not been identified on the list. If you have a specific issue which you need to discuss please contact local SBA District Counsel.
| Agreement Name | Type of Agreement | ISSUES |
| 10 til 2 Franchising | Franchise Agreement | 1. Transfer |
| 1-800 Home Services | Franchise Agreement | 1. Transfer 2. Appraiser Issue |
| 1-800 Plumber | Franchise Agreement | 1. Transfer; 2 Appraiser Issue;3. Franchisor determines permenant disability |
| 7-Eleven | Franchise Agreement | 1. Transfer 2. Excessive Fees 3. Require receipts to be deposited in Franchisor Account. 4 Franchisor owns assets of business. 5. Franchisor provides payroll services for franchisee and employess. 6. Appraiser Issue |
| Aaron’s Rent | Franchise Agreement | 1. Transfe 2. Possible passive business |
| Ace Hardware | Brand Agreement | 1. Transfer |
| ADECCO | Franchise Agreement | 1. Franchisor controls hiring of franchisee’s employees. 2. Franchisor provides payroll services franchisee’s employees |
| Affiliated Foods | Franchise Agreement | 1. Transfer |
| AKP International, Inc. | Franchise Agreement | 1. Transfer |
| Al & Ed’s Autosound | Franchise Agreement | 1. Step In; 2. Apprasial; 3. Right of First Refusal on a Partial Transfer |
| Alamo Drafthouse Cinema | Franchise Agreement | 1. Franchisor determines permenant disability |
| Alfy’s (Olsen Franchise Group) | Franchise Agreement | 1. Transfer |
| All American Finance | Franchise Agreement | 1. Franchisor controls the receipts and billing |
| Allen Oil Co | Dealer Agreement (Gas) | 1, Transfer |
| Allstate | Agent Agreement | 1. Transfer |
| AmCheck | Franchise Agreement | 1. Step In Issue ;2. Franchisee remains liable after transfer. |
| American Express | Franchise Agreement | 1. Transfer; 2. Franchisor contorls the hiring of franchisee’s employees in some cases |
| American Family Insurance | Agent Agreement | 1. Franchisor controls hiring of franchisee’s employees. 2. Transfer |
| American Honda | Dealer Agreement | 1.Transfer |
| Ameriprise Financial | Franchise Agreement | 1. Transfer |
| Anago franchising | Franchise Agreement | 1. Transfer |
| Anytime Fitness, Inc. | Franchise Agreement | Franchisor controls the receipts and billing services for the franchisee |
| Apple Spice Junction | Franchise Agreement | 1. Transfer. 2. Appraiser Issue |
| ARCO/AM PM | Dealer Agreement (Gas) | 1. Transfer; 2. Step In Rights; 3. In Real Estate Transactions, ARCO records a Deed Restriction which requires that the property only be used for the Sale of ARCO Branded Gasoline – |
| Arena Sport | License Agreement | 1. Transfer |
| Arizona Fuel Distributors | Dealer Agreement (Gas) | 1. Transfer |
| Arizona Pizza Company | Franchise Agreement | 1. Appraiser Issue |
| Ashland Petroleum LLC | Dealer Agreement (Gas) | 1. Purchase Option for real estate |
| Ashley Homestore | Franchise Agreement | 1. Transfer |
| Assist-2-Sell, Inc. | Franchise Agreement | 1. Transfer |
| Associated Wholesale | License Agreement | 1. Transfer |
| AT&T Exclusive Dealer Agreement | Dealer Agreement | 1. Transfer |
| Atlanta Bread Company | Franchise Agreement | 1. Appraiser Issue |
| Atlas Oil Co | Dealer Agreement (Gas) | 1. Transfer |
| Atlas Van Lines | Dealer Agreement | 1. Transfer |
| Auto Apprasial Network | Franchise Agreement | 1. Transfer; 2 Step In; 3. Franchisor determines permanent disability; 4. Right of First Refusal on a partial transfer |
| Auto Check | Franchise Agreement | 1. Transfer |
| Auto Driveaway Co. Agency Agreement | Franchise Agreement | 1. Required receipts to be deposited into franchisor’s account |
| Auto Star Licensing | License Agreement | 1. Transfer |
| Avon | License Agreement | 1. Multi Level Sales Arrangement (pyramid sale distribution plan) |
| B&G Milkway | Franchise Agreement | 1. Transfer |
| Baby’s Room USA | Franchise Agreement | 1. Step In Issue |
| Backyard Burgers | Franchise Agreement | 1. Transfer |
| Bally’s Fitness | Franchise Agreement | 1. Franchisr controls the receipts and billing services for the franchisee |
| Bar Louie Development | Franchise Agreement | 1. Transfer |
| Barnie’s Coffee & Tea Company, Inc. | Franchise Agreement | 1. Appraiser Issue |
| Barrick Ent.(Mobil) | Dealer Agreement (Gas) | 1. Transfer |
| Beadniks | Franchise Agreement | 1. Transfer. 2. Franchisee remains liable after transfer |
| Bear Creak Coffee | Franchise Agreement | 1. Transfer |
| Beard Papa’s | Franchise Agreement | 1. Transfer 2: Apprasial |
| Bee Hive Homes | Franchise Agreement | 1. Step In Issue. 2. Purchase option for Real Estate |
| Bellacino’s | Franchise Agreement | 1. Step In Issue |
| Bellair Express | Franchise Agreement | 1. Transfer |
| Belzona Inc. | Jobber Agreement | 1. Transfer |
| Best Value Inn | Franchise Agreement | 1. Transfer |
| Biggy Coffee | Franchise Agreement | 1. Indemnification Issues |
| Bikram’s Yoga College of India | Franchise Agreement | 1. Transfer |
| Billy McHale’s | Franchise Agreement | 1. Transfer |
| Black Bear Diner | Franchise Agreement | 1. Transfer |
| Blinds Mart | Franchise Agreement | 1. Transfer |
| BMW of North America | Motorcycle Dealer Agreement | 1. Transfer |
| BNI | Membership Agreement | 1. Transfer;2 Excessive Fees;3 Possible Development Agreement Issues |
| Bo Concepts | Franchise Agreement | 1. Transfer. 2. Step In Issues |
| Bobby Salazars | Franchise Agreement | 1. Appraiser Issue. 2. Step In Issues |
| Bob’s Big Boy | Franchise Agreement | 1. Franchisee remains liable after transfer |
| Bonfare Markets | Franchise Agreement | 1. Franchisor handles all of Franchisees accounting including tax returns and payroll. 2. Franchisor percures and maintaines the required insurance coverage for the franchisee. 3 Apprasial |
| Boomer McLoud | Dealer Agreement | 1. Apprasial Issue |
| Boston Pizza | Franchise Agreement | 1. Transfer Issue 2. Apprasial Issue. 3. Purchase option for Real Property. 4. Step In Rights |
| Boyett Petroleum | Dealer Agreement (Gas) | 1. Transfer |
| BP | Dealer Agreement (Gas) | 1. Transfer; 2. Dealer sets net profit; 3. Brand Covenant Restrictions in some cases; 4. Dealer/Jobber in some cases ownes the equipment |
| BP Amco Contract Supply Agreement | Dealer Agreement (Gas) | 1. Transfer |
| Bridgestone | Dealer Agreement | 1. Transfer |
| BrightStar Healthcare | Franchise Agreement | 1. Step In Issues |
| Bruster’s Real Ice Cream | Franchise Agreement | 1. Transfer |
| Budget Host Int’l | Membership Agreement | 1. Transfer |
| Bull Market, Inc. | Jobber Agreement | Transfer 2: Agreement does not include language which allows reasonable transfer; |
| Bumper Man | Franchise Agreement | 1. Franchisor handles the billing services for the franchisee |
| Burkett Oil | Dealer Agreement (Gas) | 1. Transfer |
| Butterfly Life | Franchise Agreement | 1. Apprasial Issue |
| Caffino | Franchise Agreement | 1. Right of first refusal. 2. Transfer. 3. Step In Rights |
| California Tortilla | Franchise Agreement | 1. Franchisor has the ability to determine permenant disability |
| Cam’s Pizzeria | Franchise Agreement | 1. Transfer. 2. Franchisor has the ability to contorl the sale of the business |
| Cannon Office Imaging Retail Dealer | Dealer Agreement | 1. Transfer. 2 Franchisee remains liable after tranfer |
| Canteen Vending Services | Franchise Agreement | 1. Appraisal Issue |
| Captain D’s Restaurant | Franchise Agreement | 1. Transfer |
| Cargill Pork | Distributor Agreement | 1. Transfer |
| Carl’s Jr. | Franchise Agreement | 1. Transfer |
| Carlson Wagonlit | Franchise Agreement | 1. Possible Excessive Liquidated damages |
| Carnett’s Franchising | Franchise Agreement | 1. Apprasial Issue |
| Carribean Petroleum LP | Dealer Agreement (Gas) | 1. Transfer |
| Carrier Transicold | Dealer Agreement | 1. Transfer |
| Carthage vision Clinic | Franchise Agreement | 1. Transfer |
| Car-X | Franchise Agreement | 1. Apprasial Issue. 2 Purchase Option for Real Estate. 3. Step In Issue |
| Case Corporation | Dealer Agreement | 1. Transfer |
| Cash Plus | Franchise Agreement | 1. Transfer. 2. Appraiser Issue |
| CB Tax | Franchise Agreement | 1. Transfer |
| Cellcom | Agent Agreement | 1. Transfer |
| Cena Franchising | Franchise Agreement | 1. Transfer |
| Central Bark Doggie Daycare | Franchise Agreement | 1. Step In Rights |
| Century 21 | Franchise Agreement | 1. Transfer |
| Certified Oil Company | Dealer Agreement (Gas) | 1. Transfer |
| Charter Practices International, LLC | Franchise Agreement | 1. Agreement allows the franchisor to control the hiring of agent’s employees. 2. Receipts deposited into account controlled by franchisor. 3. Transfer. 4. Franchisor controls the accounting for franchisee |
| Cheeburger Cheeburger | Franchise Agreement | 1. Appraisal Issue |
| Chester Fried Chicken | Franchise Agreement | 1. Transfer |
| Chevron | Dealer Agreement (Gas) | 1. Transfer;2 Brand Covenant;3. ROFR contains language for partial transfer; 4. Purchase Option |
| Chicken Dijon | Franchise Agreement | 1. Transfer; 2 Step In; 3 Franchisor requires a purchase option on real estate; 4. Franchisor requires payment of purchase of assets by a carry back Note; 5. UCC Issue |
| Chicken Express | Franchise Agreement | 1. Transfer. 2. Step In Issues. 3. Security Interest Issue |
| Chicken Kitchen | Franchise Agreement | 1. Transfer. 2. Appraiser Issue |
| Chico’s Int’l Tecate Grill | Franchise Agreement | 1. Transfer. 2. Secuirty Interest Issue. 3. Franchisor has an option for the purchase of Real Estate |
| Chuck e Cheese | Franchise Agreement | 1. Transfer. 2. Appraiser Issue |
| Chuy’s Mesquite Broiler’s | Franchise Agreement | 1. Transfer |
| Chyten Education Center | Franchise Agreement | 1. Transfer; 2 Step In |
| Cindy’s Cinnamon Rolls | Franchise Agreement | 1. Transfer;2 Step IN Rights; 3 Apprasial Issues |
| Citgo/Clipper Petroleum | Dealer Agreement (Gas) | 1. Transfer; 2. Brand Covenant/Deed Restriction Issues |
| City Looks Salon | Franchise Agreement | 1. Franchisee remains liable after transfer |
| CKO Kickboxing | Franchise Agreement | 1. Transfer; 2. Step In Rights |
| Clarion Inn (Choice) | Franchise Agreement | 1. Transfer |
| Cleaners Depot | Franchise Agreement | 1. Step In Rights; 2. Franchisee continues to remain liable after transfer |
| Cleaning Authority | Franchise Agreement | 1. Transfer |
| Cleannet USA | Franchise Agreement | 1. Transfer |
| CleanStay USA, Inc. | Franchise Agreement | 1. Transfer |
| Cleats Restaurant | License Agreement | 1. Transfer |
| Clothes Mentor | Franchise Agreement | 1. Step in Issues |
| Club Car | Distributor Agreement | 1. Transfer |
| Club One Fitness Centers | Franchise Agreement | 1. Transfer 2. Franchisor has ability to direclty control hiring and firing employees. |
| Colbert-Ball Tax Service | Franchise Agreement | 1. Transfer; 2. Step In Rights |
| Coldwell Banker | Franchise Agreement | 1. Transfer |
| Comet Cleaners | Franchise Agreement | 1. Transfer |
| Convenient food Mart | Franchise Agreement | 1. Step In Rights |
| Cost Cutters | Franchise Agreement | 1. Franchisee remains liable after transfer |
| Counter Custom Built Burgers | Franchise Agreement | 1. Purchase Option for real estate |
| Country Inn & Suites | Franchise Agreement | 1. Transfer – Reasonable Business judgment issues |
| Country Kitchen | Franchise Agreement | 1. Transfer. 2. Franchisee remains liable after transfer |
| Country Waffles, Inc. | Franchise Agreement | 1. Transfer. 2. Appraiser Issue |
| Coverall Services, Inc. | Franchise Agreement | 1. Franchisor controlls billing services for franchisee |
| Creating Wellness | Franchise Agreement | 1. Transfer |
| Creno’s Pizza Co. | Franchise Agreement | 1. Apprasial Issue |
| Culligan | Franchise Agreement | 1. Transfer |
| D.Vine | Franchise Agreement | 1. Franchisor determines permenant disability |
| D.W. Drum Workshop | Distributor Agreement | 1. Transfer |
| Daily Brew | Franchise Agreement | 1. Transfer |
| Dairy Queen (Please note there are multiple Dairy Queen Agreements for different locations – some of these have been approved on the Franchise Registry – you need to check the specific location for your agreement) | Franchise Agreement | 1. Transfer 2. Franchisee remians liable after trasnfer |
| Dalworth Clean | Franchise Agreement | 1. Franchisor controls money, clients and bookings |
| Dash In Food Stores | Franchise Agreement | 1.Agreement calls for excessive franchise fees (50%). 2. Agreement calls for all receipts to be deposited into a common account servicing a number of franchise locations and controlled by franchisor. 3. Agreement allow the franchisor to pay the employees of the franchisee.4. Franchisor leasses the equipment to franchisee |
| Dashing Divas | Franchise Agreement | 1. Transfer; 2. Liquidated Damanges |
| Dealer Specialties | Distributor Agreement | 1. Step In Issues |
| Diedrich Coffee | Franchise Agreement | 1. Transfer |
| Del Rancho Restuarants | Franchise Agreement | 1. Transfer |
| Del Sol | Franchise Agreement | 1. Transfer |
| Del Taco | Franchise Agreement | 1. Apprasial Issues |
| Delta Powersports Inc | Dealer Agreement | 1. Transfer |
| Dennys | Franchise Agreement | 1. Transfer. 2. Appraiser Issue. 3. Credit Card Issue; 4. Franchisee remains liable after transfer |
| DHL | Agent Agreement | 1. Transfer |
| Dial Oil Co. | Dealer Agreement (Gas) | 1. Transfer |
| Dickey’s BBQ | Franchise Agreement | 1. Apprasial Issue. 2. Permanent Disability determined solely by franchisor |
| Digital Zone | Franchise Agreement | 1. Apprasial Issue |
| Discovery Point Child Developmnt Ctr | Franchise Agreement | 1. Transfer. 2. Apprasial Issue |
| Dish Network | Agent Agreement | 1. Transfer 2. Franchisor controlls the biling for franchisee. |
| Do It Best Corporation | Membership Agreement | 1. Transfer |
| Doctor’s Express | Franchise Agreement | 1. Transfer |
| Dollar Rent a Car | Franchise Agreement | 1. Overbroad indemnficiation agreement |
| Ducati North America | Dealer Agreement | 1. Transfer |
| Duncan Oil, Co. | Dealer Agreement (Gas) | 1. Transfer |
| Dysarte Service | Franchise Agreement | 1. Transfer |
| Eastern Petroleum | Dealer Agreement (Gas) | 1. Transfer; 2. Possible Environmental Indemnficiation Issues |
| EDT Learning | Franchise Agreement | 1. Transfer |
| Eggspectation | Franchise Agreement | 1. Transfer; 2. Apprasial Issues |
| El Chico Restaurant | Franchise Agreement | 1. Transfer. 2. Step In Issues |
| El Pollo Loco | Franchise Agreement | 1. Apprasial Issues |
| Elements for Women | Franchise Agreement | Transfer 2: Franchisee must supply “affidavit” and “Floor Plan” as noted in the SOP as the franchise appears to cater to one gender. |
| Englert LeafGuard | Dealer Agreement | 1. Transfer Issues |
| Entrée Vous Kitchens | Franchise Agreement | 1. Transfer. 2. Apprasial Issues. 3. Step In Issues |
| Entrepreneurs Source (The) | Franchise Agreement | 1. Transfer |
| Environmental Control | Franchise Agreement | 1. Receipts deposited into account controlled by franchisor |
| Epicor Software | License Agreement | 1. Transfer; 2. Franchisor controls the billings |
| ERA Real Estate . | Agent Agreement | 1. Transfer |
| Erie Insurance Group | Agent Agreement | 1. Transfer |
| Esso Standard Oil | Dealer Agreement (Gas) | 1. Transfer |
| Estrella Insurance | Agent Agreement | Excessive Control 1(d) Receipts deposited into account controlled by franchisor |
| Expert Heating and Cooling | Dealer Agreement | 1. Transfer |
| Express Personnel Services ** | Franchise Agreement | 1. Temporary Employment Agency where Franchisee hires the employees on their payrol. 2. Franchisor controlls the billing for the franchisee |
| Extreme Pizza | Franchise Agreement | 1. Transfer; 2. Step In |
| Exxon | Dealer Agreement (Gas) | 1. Transfer; 2. Brand Covenant/Deed Restriction Issues |
| ExxonMobil Oil Corp | Dealer Agreement (Gas) | 1. Transfer; 2. Brand Covenant/Deed Restriction Issues |
| Farm Bureau Life Insurance Company | Agent Agreement | 1. Transfer |
| Farmer’s Insurance | Agent Agreement | 1. Transfer. 2. Apprasial Issues |
| Fatburger | Franchise Agreement | 1. Transfer |
| FedEx Ground | Agent Agreement | 1. Transfer |
| Fed-Ex Home Delivery | Agent Agreement | 1. Transfer |
| Firestone | Distributor Agreement | 1. Transfer |
| Firestone Building Products | Distributor Agreement | 1. Transfer |
| Firkin Pubs, LLC | Franchise Agreement | 1. Permanent disability determined solely by franchisor |
| Fish City Crill | Franchise Agreement | 1. Permanent disability determined solely by franchisor |
| Five Guys Burgers | Franchise Agreement | 1. Permanent disability determined solely by franchisor |
| Flooring America | Dealer Agreement | 1. Transfer |
| Foster’s Grille | Franchise Agreement | 1. Step In Rights Issues |
| Fuddrucker’s | Franchise Agreement | 1. Transfer |
| G & G Oil Co. | Dealer Agreement (Gas) | 1. Transfer |
| Gambinos Pizza | Franchise Agreement | 1. Apprasial Issue |
| Gateway Station LLC | Dealer Agreement (Gas) | 1. Transfer; 2. Dealer/Jobber controls net profits |
| Geico | License Agreement | 1. Transfer; 2. Licensor controls bank account |
| Gene’s Seafood of America | Franchise Agreement | 1. Transfer |
| Gente Linda | Franchise Agreement | 1. Transfer |
| George Weston Bakery | Franchise Agreement | 1. Transfer issue on death of franchisee |
| Getty Petroleum | Dealer Agreement (Gas) | 1. Transfer |
| Gillison’s Variety Fabracation | Dealer Agreement | 1. Transfer |
| Gioninos Pizzeria | Franchise Agreement | 1. Transfer |
| Gloria Jeans Gormet Cofffee | Franchise Agreement | 1. Transfer |
| GMAC Real Estate Franchising | Franchise Agreement | Transfer 2: Agreement does not include language which allows reasonable transfer; |
| GN Hearing Care Corp | Franchise Agreement | 1. Transfer |
| GNC (General Nutr Center) | Franchise Agreement | 1. Transfer |
| Godfather’s Pizza | Franchise Agreement | 1.Transfer |
| Gold Star Chili | Franchise Agreement | 1. Transfer; 2 Excessive Royalty Fees |
| Golden Corral Franchising System | Franchise Agreement | 1. Transfer: 2. Apprasial Issue; 3. Franchee remains liable after transfer |
| Golden Spoon | Franchise Agreement | 1. Transfer |
| Golden Spoon | Franchise Agreement | 1. Transfer |
| Golfsmith | Distributor Agreement | 1. Transfer |
| Goodyear | Distributor Agreement | 1. Transfer |
| Gracie Barra | Franchise Agreement | 1. Transfer |
| Grand Harbour License | License Agreement | 1. Appraiser Issue |
| Grand Rental Station | Franchise Agreement | 1. Transfer |
| Grand Traverse Pie | Franchise Agreement | 1. Transfer |
| Great Florida Insurance | Agent Agreement | 1. Transfer; 2. Franchisee remains liable after transfer |
| Green Cactus Grill | Franchise Agreement | 1. Step In Rights; 2. Franchisor controls decision of Physian |
| Growmark, Inc. | Distributor Agreement | 1. Transfer |
| Gulf | Dealer Agreement (Gas) | 1. Franchisee remains liable after transfer |
| Gulshan Enterprises, Inc. | Jobber Agreement | 1. Franchisor Sets Net Profits; 2. Transfer |
| H&R Block Tax Serv. | Franchise Agreement | 1.Excessive Royalty Fee. 2. Transfer Restriction – property can only be used for an H&R business operation. |
| Haagen-Dazs (The) | Franchise Agreement | 1. Transfer |
| Hallmark | Franchise Agreement | 1. Transfer |
| Halo Candle | Distributor Agreement | 1. Transfer |
| Hampton Inn | Franchise Agreement | 1. Transfer; 2. Apprasial |
| Hampton Inn & Suites | Franchise Agreement | 1. Transfer |
| Hand & Stone Massage Spa | Franchise Agreement | 1. Transfer |
| Hardees | Franchise Agreement | 1. Transfer |
| Harley-Davidson Motorcycles | Dealer Agreement | 1. Transfer |
| Health Force | Franchise Agreement | 1 Receipts deposited into account controlled by franchisor; 2. Franchisor controlls the payment of taxes and payroll |
| HealthCare Recruiters | Franchise Agreement | 1. Receipts deposited into account controlled by franchisor; 2. Franchisor controlls the billing services |
| Healthy Subs | Franchise Agreement | 1. Transfer |
| Herdrich Petroleum | Dealer Agreement (Gas) | 1. Transfer |
| Heritage Home Health | Franchise Agreement | 1. Apprasial Issue |
| Hess | Dealer Agreement | 1. Transfer |
| Hilton Inns | Franchise Agreement | 1. Transfer |
| Home 2 Suites by Hilton | Franchise Agreement | 1. Transfer |
| Home Vestors | Franchise Agreement | 1. Ineligible business operation due to investment reasons. |
| Home Video System Franchise | Franchise Agreement | 1 Transfer |
| Honey Baked Hams | Franchise Agreement | 1, Transfer |
| Hooters | Franchise Agreement | 1. Ineligible business practice |
| Host Communications | License Agreement | 1. Transfer |
| Hotbox Pizza | Franchise Agreement | 1. Transfer |
| Hotstuff Foods Inc | Franchise Agreement | 1. Transfer |
| HuHot Mongolian Grill | Franchise Agreement | 1. Step In Rights |
| IGA, USA, Inc. | Distributor Agreement | 1. Transfer |
| Illico Inc | Jobber Agreement | 1. Transfer |
| Image Arts Etc. | Franchise Agreement | 1. Transfer |
| Independent Wholesale | Distributor Agreement | 1. Transfer |
| Intero Real Estate Services | Agent Agreement | 1. Transfer |
| Interstate Batteries | Distributor Agreement | 1. Transfer; 2. Apprasial; 3. Franchisor has the right to control property owned by franchisee. |
| Invisable Fence | Dealer Agreement | 1. Transfer |
| Iowa Wireless | Agent Agreement | 1. Transfer |
| J. C. Penny Catalog | Franchise Agreement | 1. Transfer; 2. Franchisor has the right to control funds |
| Jack in the Box | Franchise Agreement | 1. Step In |
| Jackson Hewitt Tax Services | Franchise Agreement | 1. Transfer |
| Jacksons Sports Grill | Franchise Agreement | 1. Transfer |
| Janbury Franchise | Franchise Agreement | 1. Franchisor has controll over the hiring of employees. |
| Jani-King | Regional Franchise Agreement | 1. Ineligible due to the fact that it is an development agreement |
| Jani-King | Franchise Agreement | 1. Transfer; 2. Franchisor controlls all billing and payment services; 3. Franchisor determines permanent disability;4. Franchisor contorls the contracts and receipt of funds |
| Jan-Pro Cleaning Systems | Franchise Agreement | 1. Require applicant to deposit all receipts into account which F’or controls orfrom which withdrawals may be made only w/ F’or’s consent.; 2. Excessive fees; 3. Possible development agreement issues; 4 Franchisor has direct involvement in the everyday business operation; 5. Franchisor has the right to control franchisee’s customers. |
| Java Dave’s Inc | Franchise Agreement | 1. Transfer |
| Java Station, LLC | License Agreement | 1. Transfer |
| Java’s Brewin Shoreline | Franchise Agreement | 1. Transfer; 2. Step In Issues |
| Jazzercise, Inc | Franchise Agreement | 1. Transfer |
| Jersey Mike’s | Franchise Agreement | 1. Transfer; 2. Step In Issues; 3. Franchisor determines perminate disability |
| Jimmy John’s | Franchise Agreement | 1. Step In Issues |
| John L. Scott, Inc. | Franchise Agreement | 1. Transfer; 2. Franchisor has the right to control property owned by franchisee |
| John Robert Powers | Franchise Agreement | 1. Transfer |
| Johnny Rockets | Franchise Agreement | 1. Step In Issues |
| Jones Oil Co., Inc. | Dealer Agreement (Gas) | 1. Transfer |
| Jumpin Juice & Java | Franchise Agreement | 1. Transfer; 2. Step In Issues |
| Jumping Party | Franchise Agreement | 1. Transfer |
| Jungle Quest Franchising | Franchise Agreement | 1. Transfer |
| Kalolgie Skin Care | Franchise Agreement | 1. Transfer |
| Keeway Motors | Dealer Agreement | 1. Transfer |
| Keller Williams | Agent Agreement | 1. Transfer; 2. Apprasial |
| Kelly’s Cajun Grill | Franchise Agreement | 1. Transfer |
| Kelly’s Fudge | Franchise Agreement | 1. Transfer |
| Kemp Associates | Agent Agreement | 1. Transfer |
| KFC | Franchise Agreement | Transfer 2: Agreement does not include language which allows reasonable transfer; 2. In some cases the agreement contains an option to enter into a franchise agreement. |
| Kocolene Marketing | Jobber Agreemenet | 1. Transfer |
| Kooler Ice | Franchise Agreement | 1. Transfer |
| Kubota Tractor | Dealer Agreement | 1. Transfer |
| Kudo Beans | Franchise Agreement | 1. Step In Issues; 2. Franchisor controls perminate disability determination |
| Kumon Math and Reading Center | Franchise Agreement | 1. Escessive Royalty Fees |
| Kyoto Bowl | Franchise Agreement | 1. Apprasial Issue |
| Kwality Ice Cream | License Agreement | 1. Transfer |
| La -Zy Boy | Distributor Agreement | 1. Transfer |
| Lady of America | 1. Transfer; 2. Excessive Royalty Fees; 3. Franchisor controlls billing and collection services for the franchisor; 4. Step In Rights; 5. Apprasial Issues; 6.Possible Women only facility and franchiee would have to provide proof that they will not discreminate and proof to two bathrooms | |
| LaMar’s Donuts | Franchise Agreement | 1. Transfer; 2. Step In Issue |
| Lampost Pizza | Franchise Agreement | 1. Step In |
| Laptop Xchange | Franchise Agreement | 1. Apprasial Issue |
| Larson Glastron Boats | Dealer Agreement | 1. Transer |
| Le Bleu Corp | Distributor Agreement | 1. Transfer |
| Le Peep License Agreement | License Agreement | 1. Transfer |
| Leo’s Coney Island | Franchise Agreement | 1. Transfer; 2. Apprasial |
| Lil’Kickers | License Agreement | 1. Transfer |
| Link Staffing Franchise | Franchise Agreement | 1. Franchisor controls the franchisee’s billings and payroll |
| Little Ceasers | Franchise Agreement | 1. Transfer; 2. Franchisor requires senior lien on all personal property collateral |
| Lloyd Staffing | Franchise Agreement | 1. Excessive Royaltys;2 Franchisor controlls the billing services;3. Franchisor controls emoloiyees |
| Long John Silver’s | Franchise Agreement | 1. Transfer |
| Long Wong’s | Franchise Agreement | 1. Transfer |
| LSAA LLC | Jobber Agreement | 1. Transfer |
| LunchStop, Inc. | Franchise Agreement | 1. Franchisor owns all M&E – and leases to franchisee |
| Macs Convenience Store | Franchise Agreement | 1. Transfer |
| Madmoe Corporation | Distributor Agreement | 1. Step in Rights |
| Mahon Distribution | Distributor Agreement | 1. Transfer |
| MaidPro Franchise | Franchise Agreement | 1. Transfer |
| Maid-Rite Corp. | Franchise Agreement | 1. Step In Rights |
| Mainstay Suites | Franchise Agreement | 1. Transfer |
| Maple Ridge Health | Franchise Agreement | 1. Transfer; 2. Step In |
| Marathon | Dealer Agreement (Gas) | 1. Transfer |
| Marathon Gas | Dealer Agreement (Gas) | 1. Restrictive Covenant |
| Marble Slab Creamery | Franchise Agreement | 1. Transfer;2 Apprasial |
| Massage Envy | Franchise Agreement | 1. Transfer |
| Master Shield Gutter Protection | Dealer Agreement | 1. Transfer |
| MasterCraft Boats | Dealer Agreement | 1. Transfer |
| Mastic Spa | Franchise Agreement | 1. Transfer |
| Mayflower | Agent Agreement | 1. Transfer |
| Mazzio’s Italian Eatery | Franchise Agreement | 1. Franchisor determines permenant disability |
| McAlister’s Deli | Franchise Agreement | 1. Step In Rights |
| McCullough /CITGO | Dealer Agreement (Gas) | 1. Brand Covenant/Deed Restriction Issues |
| McDonalds | Franchise Agreement | 1. Transfer; 2. Step In; 3 Franchisor requires existing franchsiee to remain liable once the franchise has been assigned |
| McPherson Oil | Dealer Agreement (Gas) | 1. Transfer |
| MellowMushroom Pizza | Franchise Agreement | 1. Transfer |
| Menchies | Franchise Agreement | 1. Transfer; 2 Apprasial |
| Mercury Marine | Dealer Agreement | 1. Transfer |
| Midias | Franchise Agreement | 1. Transfer |
| Miki House | Distributor Agreement | 1. Transfer |
| Mobil Oil | Dealer Agreement (Gas) | 1. Transfer |
| Moe’s Italian Sandwiches | Franchise Agreement | 1. Step In Issue |
| Monical’s Pizza | Franchise Agreement | 1. Franchisee remains liable after transfer |
| Monster Mini Golf | Franchise Agreement | 1. Transfer |
| Monterey Boats | Dealer Agreement | 1. Transfer |
| Moorehead Communications | Dealer Agreement | 1. Transfer |
| Mossy Oaks Prop. | Franchise Agreement | 1. Transfer |
| Mountain West Farm Bureau Mutual | Agent Agreement | 1. Transfer |
| Mr. Greek, LLC | Franchise Agreement | 1. Franchisor determines permanent disability |
| Mr. Payroll | Franchise Agreement | 1. Transfer; 2. Possible Eligiblity Issues regarding percentage of business related to check cashing |
| My Friend’s Place | Franchise Agreement | 1. Apprasial Issue |
| NAPA | Distributor Agreement | 1. Transfer |
| Nathan’s Famous | Franchise Agreement | 1. Transfer; 2. Apprasial |
| Nathan’s Frank and Fry | License Agreement | 1. Transfer |
| National Tenant Network | Franchise Agreement | 1. Step In Rights |
| Nationwide Insurance | Agent Agreement | 1. Transfer |
| Nationwide Lifts | Franchise Agreement | 1. Transfer; 2. Apprasial |
| Nature’s Table | Franchise Agreement | 1. Step In Rights |
| New Tech Touch up System | Dealer Agreement | 1. Transfer |
| Nissan Fork Lift | Dealer Agreement | 1. Transfer |
| Nitro Fitness | Franchise Agreement | 1. Possible eligiblity issue – men only fitness center – will need to compy with the SOP requirement of Affidavit and diagrammed layout with two sepearte bathrooms |
| Noco | Distributor Agreement | 1. Transfer |
| Norrel Services | Franchise Agreement | 1. Franchisor controls billings and payroll; 2. Excessive fees; 3. Franchisor hires and controls the employees ; 4. Excessive liquidated damages |
| Northwest Mutual | Agent Agreement | 1. Transfer |
| Nothing Bundt Cakes | Franchise Agreement | 1. Transfer; 2. Step-In Rights |
| Nutrishop | Franchise Agreement | 1. Transfer |
| O’Charley’s | Franchise Agreement | 1. Transfer |
| Olivier | Distributor Agreement | 1. Transfer |
| On the Grill Franchising Corp | Franchise Agreement | 1. Apprasial Issue |
| Open2View.com | Franchise Agreement | 1. Step In Issues; 2. Franchisor requires receipts to be deposed into franchisor’s account; 3 Franchisor sets prices. 4. There are two separate agreements types, these comments relate to the real estate type agreement |
| Orange Tree Hot Dogs | Franchise Agreement | 1. Transfer |
| Oreck Sales | Dealer Agreement | 1. Transfer |
| Original Pancake House | Franchise Agreement | 1. Franchisor maintains ability to purchase or lease real estate owned by franchisee |
| Original Pizza Pan | Franchise Agreement | 1. Transfer |
| Overhead Door | Distributor Agreement | 1. Transfer |
| Owens Corning | Distributor Agreement | 1. Transfer |
| P. Jays Pizza | Franchise Agreement | 1. Transfer |
| Pacific Cycle | Distributor Agreement | 1. Transfer |
| Palace Resorts | Franchise Agreement | 1. Transfer |
| Papa’s Pizza to Go | Franchise Agreement | 1. Step In Issue |
| Parable Christian Stores | Franchise Agreement | 1. Ineligible business – Non franchise related |
| Park Hospitality | Franchise Agreement | 1. Transfer |
| Park Inn | Franchise Agreement | 1. Transfer |
| Party Land | Franchise Agreement | 1. Apprasial Issues; 2. Step In Rights |
| Pat’s Pizza, Inc. | Franchise Agreement | 1. Transfer |
| Paul Mitcehll Partner School | Franchise Agreement | 1. Transfer issues on death and disability |
| Perkins Pancakes / Restaurant & Bakery | Franchise Agreement | 1. Transfer 2. In some cases the agreement contains an option agreement which is not acceptable. |
| Perko’s Café | Franchise Agreement | 1. Apprasial Issue; 2. Step In Rights |
| Permapave | Distributor Agreement | 1. Transfer |
| Pettit Oil Company | 1. Transfer | |
| Philips 66 | Dealer Agreement (Gas) | 1. Transfer; 2. Dealer /Jobber has the right to control the price |
| Pik-a-Pop | Franchise Agreement | 1. Transfer |
| Pillar to Post | Franchise Agreement | 1. Transfer; 2. Apprasial Issues; 3. Step In Rights |
| Pioneer H-Bred | Distributor Agreement | 1. Transfer |
| Pizza Guys | Franchise Agreement | 1. Transfer; 2. Franchisee remains liable after transfer |
| Pizza Hut, Inc. | Franchise Agreement | 1. Transfer |
| Pizza Pan | Franchise Agreement | 1. Transfer |
| Planet Fitness | Franchise Agreement | 1. Transfer |
| Play Date Drop in Child Care | Franchise Agreement | 1. Step In Rights |
| PM Terminals, LLC | Jobber Agreement | 1. Transfer |
| Polaris | Dealer Agreement | 1. Transfer – Reasonable Business judgment issues |
| Port of Subs, Inc. | Franchise Agreement | 1. Step In Rights; 2. Post Transfer Liability for Franchisee |
| Powell’s Sweet Shoppe USA LLC | Franchise Agreement | 1. Transfer |
| Powerhouse Gym | Franchise Agreement | 1. Transfer |
| Premier Garage | Distributor Agreement | 1. Transfer |
| Premier Learning Center | Franchise Agreement | 1. Apprasial Issue |
| Premier Rental Purchase | Franchise Agreement | 1. Transfer |
| PrimoHoagies | Franchise Agreement | 1. Apprasial Issue |
| Professional Auto Spa | Franchise Agreement | 1. Transfer |
| Proforma | Franchise Agreement | 1. Franchisor controls the franchisee’s billings and receipts |
| Prometric Testing Centers | Franchise Agreement | 1. Franchisor controls the franchisee’s billings and receipts |
| Prudential | Agent Agreement | 1. Transfer; 2. Franchisor controlls the franchisee’s billings and receipts. |
| Quality Tune-up Shops | Franchise Agreement | 1. Security Interest Issue; 2. Franchisor has right to approve 3rd party loans including SBA loans |
| Quik Stop Markets | Franchise Agreement | 1. Franchisor controlls the franchisee’s billings and receipts; 2. Franchisor owns all M&E and franchisee is required to lease |
| Radio Shack | Franchise Agreement | 1. Transfer |
| Radisson Hotel | Franchise Agreement | 1. Transfer; 2. Death or Disability Issue; 3. Reasonable Business Judgment Rule |
| Rascal’s Comedy Clubs | Franchise Agreement | 1. Transfer; 2. Post trasnfer liability for franchisee |
| Raymond James Financial Services | License Agreement | 1. Transfer |
| RE/MAX | Franchise Agreement | 1. Transfer |
| Real Deals, Inc. | Franchise Agreement | 1. Apprasial Issue |
| Red Lion Hotel | Franchise Agreement | 1. Transfer |
| Red Mango | Franchise Agreement | 1. Transfer |
| Red Robin | Franchise Agreement | 1. Transfer; 2 Development Issues |
| Remedy Intelligent Staffing | Franchise Agreement | 1. Franchisor controlls billing services for franchisee; 2. Franchisor controlls the employees; |
| Residence Inn by Marriott | Franchise Agreement | 1. Trnasfer – Reasonable Business Judgment Issues 2. Deed Restriction Issue |
| Residential Pacific Mortgage | Franchise Agreement | 1. Franchisor controlls billing services for franchisee |
| Rocky Rococo | Franchise Agreement | 1. Apprasial; 2. Post transfer liablity for transferee |
| Roly Poly Franchise | Franchise Agreement | 1. Transfer; 2. Step In rights |
| Romio’s Pizza | Franchise Agreement | 1. Step in rights |
| Romp N Roll Franchise | Franchise Agreement | 1. Step In rights |
| Roosters | Franchise Agreement | 1. Transfer |
| Rosati’s Pizza | Franchise Agreement | 1. Transfer; 2. Step In rights; 3. Apprasial |
| Rosie O’Grady’s Irish Pub | Franchise Agreement | 1. Transfer |
| Roto Rooter | Franchise Agreement | 1. Transfer; 2 Post transfer liability for transferee |
| Round Table Pizza | Franchise Agreement | 1. Step in rights |
| Ruby Tuesdays | Franchise Agreement | 1. Franchise |
| Rug Décor | Franchise Agreement | 1. Transfer |
| Russo’s NY Pizza | Franchise Agreement | 1. Apprasial Issue |
| Salvatores | Franchise Agreement | 1. Transfer |
| Sam Snead’s Tavern | Franchise Agreement | 1. Transfer |
| Samsung America | Franchise Agreement | 1. Transfer |
| Samuel Mancino’s Italian Eatery | Franchise Agreement | 1. Transfer |
| SAV-A-LOT, LTD | Franchise Agreement | 1. Transfer |
| Scooter’s Coffee House | Franchise Agreement | 1. Apprasial Issue |
| Scotts LawnService | Franchise Agreement | 1. Purchase Option for real estate |
| Seagrave | Distributor Agreement | 1. Transfer |
| Sedona Staffing Services | Franchise Agreement | 1. Transfer; 2. Franchisor controlls employees; Franchisor controlls franchise billings and services; 2. Franchisor controls disability determination. |
| Sgt Peppers Chicken | Franchise Agreement | 1. Step In Rights |
| Shape Up Sisters | Franchise Agreement | 1. Step in rights |
| Sharkey’s | Franchise Agreement | 1. Transfer; 2. Apprasial |
| Shave it Nation | Franchise Agreement | 1. Transfer |
| Shell Oil | Dealer Agreement (Gas) | 1. Transfer; 2. ROFR Contains unacceptable provisions; 3. Liquidation Damages recorded against the Real Estate |
| ShipOnSite | Franchise Agreement | 1. Transfer |
| Signs by Tomorrow | Franchise Agreement | 1. Transfer; 2. Apprasial; 3. Step in rights |
| Sinclair Oil | Dealer Agreement (Gas) | 1. Transfer |
| Sizzler USA | Franchise Agreement | 1. Transfer |
| Skewers | Franchise Agreement | 1. Transfer |
| Sky Taxi | Franchise Agreement | 1. Franchisor controlls billings services/payroll for the franchisee; 2. Franchisor controlls employees |
| Slender Lady | Franchise Agreement | 1. Possible ineligible business – non-franchise related; 2. Transfer |
| Snap Fitness 24-7 | Franchise Agreement | 1. Transfer; 2. Franchisor controlls the franchisee’s billings and receipts. |
| Snap-on Tools | Franchise Agreement | 1. Transfer |
| Snelling and Snelling | Franchise Agreement | 1. Franchisor controlls the franchisee’s billings and receipts; |
| Soccer Post | Franchise Agreement | 1. Transfer; 2. Apprasial;. 3 Step In Rights |
| Soho Hero | Franchise Agreement | 1. Transfer |
| Sotheby’s International Realty | Franchise Agreement | 1. Transfer |
| Southern Tsunami | Franchise Agreement | 1. Franchisor controlls the franchisee’s billings and receipts. |
| Spectrum Home Services | Franchise Agreement | 1. Transfer; 2. Step in rights |
| Speedy Car-X, Inc. | Franchise Agreement | 1. Apprasial Issue |
| Spherion Workforce Architects | Franchise Agreement | 1. Franchisor controlls the franchisee’s billings and receipts; 2. Franchisor controlls the employees |
| Sprint | Agent Agreement | 1. Transfer |
| Stagecoach Pizza | Franchise Agreement | 1. Step In Issues |
| Star mart | Dealer Agreement (Gas) | 1. Transfer |
| State Farm | Agent Agreement | 1. Transfer |
| Steak Escape | Franchise Agreement | 1. Transfer. 2. Step In Rights Issues |
| Stop N’ Save | Franchise Agreement | 1. Franchisor controlls the franchisee’s billings and receipts; |
| Streets of New York | Franchise Agreement | 1. Transfer |
| Stride Rite | Franchise Agreement | 1. Transfer |
| Strings Italian Café | Franchise Agreement | 1. Apprasial; 2. Step in rights |
| Sunbelt Business Brokers Network | Franchise Agreement | 1. Transfer |
| Sunoco | Dealer Agreement (Gas) | 1. Transfer; 2. Receipts deposited into Dealer/Jobber’s account;3. Purchase Option; 4. Restrictive Covenant |
| SunShine RV, LTD | Franchise Agreement | 1. Step in rights |
| Super America | Franchise Agreement | 1. Transfer |
| Super Petroleum Inc | Dealer Agreement (Gas) | 1. Brand Covenant/Deed Restriction Issues |
| Superior Tool Sales | Distributor Agreement | 1. Transfer |
| Superiour Walls of America | Franchise Agreement | 1. Transfer; 2. Apprasial |
| Suzuki | Dealer Agreement | 1. Transfer |
| Sweet Candy Franchise LLC | Franchise Agreement | 1. Transfer; 2. Apprasial |
| Taco Bell | Franchise Agreement | 1. Transfer |
| Taco Mayo | Franchise Agreement | 1. Step In rights |
| Tan World | Franchise Agreement | 1. Transfer |
| Taylor Rental | Franchise Agreement | 1. Transfer |
| TBS Petroleum, LLC | Dealer Agreement (Gas) | 1. Transfer |
| Team 21 Franchise | Franchise Agreement | 1. Transfer |
| Teavana | Franchise Agreement | 1. Transfer |
| Tesoro | Jobber Agreement | 1. Transfer |
| Texaco | Dealer Agreement (Gas) | 1 Transfer; 2. Restrictive Covenant |
| The Greene Turtle | Franchise Agreement | 1. Franchisor determines permanent disability; 2. Apprasial; 3. Step In |
| The Meat House | Franchise Agreement | 1. Transfer; 2. Apprasial |
| The Old Spaghetti Factory | Franchise Agreement | 1. Transfer |
| The Pasta House Co. | Franchise Agreement | 1. Step In Rights; 2. Franchisee continues to remain liable after transfer |
| The Tutoring Cente | Franchise Agreement | 1. Step In Issues |
| Thomas Petroleum | Dealer Agreement (Gas) | 1. Transfer |
| Thrifty Nickle | License Agreement | 1. Franchisor controlls the franchisee’s employees; 2 Affiliation Issues; 3Apprasial Issues;4 Transfer;5 |
| Tilted Kilt | Franchise Agreement | 1. Ineligible business pracitce |
| Tim Horton’s | Franchise Agreement | 1. Transfer;2 Franchisee containues to remain liable after tranfser; 3. Franchisee needs franchisor’s consent to obtain security interest. |
| Time Oil | Dealer Agreement (Gas) | 1. Transfer |
| Tire Factory | Franchise Agreement | 1. Transfer |
| T-Mobil | Agent Agreement | 1. Transfer |
| Tom’s Foods, Inc. | Franchise Agreement | 1. Apprasial Issues |
| Tony Roma’s | Franchise Agreement | 1. Apprasial Issues |
| Too Hottiest | Franchise Agreement | 1. Ineligible business practices;2.Transfer;3. Franchisor controls billing services |
| Tosco / Union 76 | Dealer Agreement (Gas) | 1. Transfer; 2. Appraisal Issue |
| Toshiba America | Dealer Agreement | 1. Transfer |
| Town Place Suites by Marriott | Franchise Agreement | 1. Transfer(reasonable business judgement issues) |
| Trane Company | Distributor Agreement | 1. Transfer |
| TRAQ Ltd | Franchise Agreement | 1. Transfer2. Step In rights |
| TriVision Energy, LLC | Dealer Agreement (Gas) | 1. Transfer |
| TriVision Energy, LLC | Dealer Agreement (Gas) | 1. Transfer |
| Truck Options | Franchise Agreement | 1. Apprasial Issues |
| True Value | Membership Agreement | 1. Trnasfer |
| TSO Marketing, Inc. | License Agreement | 1. Transfer |
| Tutti Frutti | Franchise Agreement | 1. Transfer |
| Twirl Inc | Franchise Agreement | 1. Transfer |
| U.S. Lawns, Inc. | Franchise Agreement | 1. Apprasial Issues |
| U.S. Pizza Company | Franchise Agreement | 1. Transfer |
| Umbria Pizzeria | Franchise Agreement | 1. Step In Issues |
| Union 76 Branded Reseller Agreement | Dealer Agreement (Gas) | 1. Transerr |
| Union Distributing Company | Jobber Agreement | 1. Transfer |
| Union Distributing Company | Dealer Agreement (Gas) | 1.Transfer; Receipts deposited into Dealer/Jobber ‘s Account |
| Unique Pizza | Franchise Agreement | 1. Transfer |
| United Hardware | License Agreement | 1. Transfer |
| Vagabond | Franchise Agreement | 1. Transfer |
| Valentino’s of America | Franchise Agreement | 1. Apprasial Issue |
| Valero Refining Company | Dealer Agreement | 1. Transfer; 2. Dealer (borrower) remains liable after transfer |
| Velocity Sports Performance | Franchise Agreement | 1. Transfer; 2 Appraisl Issue |
| Verizon Wireless | Agent Agreement | 1. Transfer |
| Village Coffee | Franchise Agreement | 1. Transfer |
| Vintner’s Cellar | Franchise Agreement | 1. Transfer; 2. Apprasial |
| Vision Source | Franchise Agreement | 1. Transfer; 2. Apprasial |
| Voo Doo BBQ & Grill | Franchise Agreement | 1. Apprasial;2 Franchisee remains liable after transfer |
| Wachovia Security Financial Network, LLC | Agent Agreement | 1. Transfer;2 Franchisor has ability to close out accouts. |
| Wahoo’s Fish Taco LLC | Franchise Agreement | 1. Transfer |
| Wellcraft Marine | Dealer Agreement | 1. Transfer |
| Wendy’s | Franchise Agreement | 1. Apprasial; 2. Franchisor has the ability to purchase the real estate |
| Wheat Montana | Franchise Agreement | 1. Transfer |
| Wheaton Van Lines | Agency Agreement | 1. Transfer |
| Wheel Repair Solutions Intnl., Inc. | Dealer Agreement | 1. Transfer; 2. Apprasial Issues. |
| Which Which | Franchise Agreement | 1. Franchisor determines permanent disabiltiy |
| Whiskey Creek | Franchise Agreement | 1. Step In Rights Issues |
| White House Chicken | Franchise Agreement | 1. Step In Rights |
| Wienerschnitzel | Franchise Agreement | 1. Transfer |
| Wine Loft | Franchise Agreement | 1. Apprisal; 2. Framchisee containes to remaine liable after transfer; 3. Franchisor determines permanent disability |
| Wings To Go | Franchise Agreement | 1. Step In Rights |
| Wolford America, Inc | Franchise Agreement | 1. Transfer |
| World Gym | Franchise Agreement | 1. Transfer |
| Xerox Corporation | Distributor Agreement | 1. Transfer |
| Yamaha Motor Corp | Dealer Agreement | 1. Transfer |
| Yogurtland | Franchise Agreement | 1. Step In Rights |
| Yogart Mountian | Franchise Agreement | 1. Apprasial |
| Zeus | License Agreement | 1. Transfer |
| Zodiak Boats | Dealer Agreement | 1. Transfer |
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In 1998, the SBA established an alternative path specifically for the franchise industry to avoid inconsistent eligibility determinations in its regional offices. That alternative is a public/private program called the Franchise Registry. If a franchisor files an application for inclusion on the Registry, its franchise agreement is reviewed by a private program manager, FRANdata, in consultation with the SBA national office in Washington, D.C. As described above, the review focuses on elements of the franchise program indicative of independence from and non-affiliation with the franchisor, i.e., the right to profit and bear losses. There is a cost to file with the Registry (currently $2,500), and the review process can take as long as several months. But once a franchisor is listed on the Registry, the franchise agreement is presumed to be eligible for SBA financing and the borrower’s creditworthiness becomes the only material issue on the table for the lender.
Iris, thanks for the information.
Superb web page you’ve gotten right here.
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I’m Interested in becoming a Philip 66 or a Conico franchisee. What issue of transfer is the article referring to?
As regards Phillips, the SBA quoted “1. Transfer; 2. Dealer /Jobber has the right to control the price.” I suggest that you contact your regional SBA office and ask for clarification. Best wishes for your business venture.
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