Business Inspections: Preparing for Franchise Store Inspections The purpose of this article is to provide a recommended “step-by-step” protocol for franchisees to follow upon receiving notice that their franchisor intends to inspect their store. At the outset, it is...
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Rights of First Refusal: 7 Things to Consider
Assume that you are a large multi-unit franchisee and you have the opportunity to sell your business to either an existing franchisee or to someone who wants to become a multi-unit franchisee in your system. You read your Franchise Agreements (perhaps for the first...
Course of Performance: Modification of the Franchise Agreement
When Actions Speak Louder Than Written Words — A Look at Franchise Agreement Modifications because of “Course of Performance” Sometimes, when the relationship between a franchisor and a franchisee has evolved in a fashion that differs from the obligations of the...
What can a franchisee do if a franchisor is allowing other locations to be too close to the franchisee’s location?
What can a franchisee do if a franchisor is allowing other locations to be too close to the franchisee’s location? In our experience, we’ve had a fair number of encroachment cases over the years. One thing you can do as a franchisee is, before you buy your next one,...
What would you say to a prospective client?
What would you say to a prospective client? When prospective clients come in, one of the first thing I do is (trying to be the gentleman my mother thinks she raised) ask them how they found us, or me, because we always want to be sure to thank our referral sources. To...
What categories of claims does Dady and Gardner handle?
What categories of claims does Dady and Gardner handle? There are a few categories of claims that we handle, and one kind of category of claim would be (around here we just have a label for it) “Category 1 claims”, meaning: was the franchise opportunity oversold to...
What documents should a franchisee bring when meeting with a lawyer?
What documents should a franchisee bring when meeting with a lawyer? Typically in terms of document we like to see you bring when you meet with a franchisee lawyer, assuming you have what we call a Category 1 or Category 2 claim (again, Category 1 meaning the...
If a franchise opportunity is misrepresented to a franchisee, can they get their money back?
If a franchise opportunity is misrepresented to a franchisee, can they get their money back? “If a franchise opportunity is misrepresented to me, can I get my money back?” The answer to that question, in terms of a franchise being oversold, is: assuming we can prove...
Ron Gardner from Dady & Gardner has been featured in the Forbes article “How Franchisors Squeeze Money From Their Franchisees.”
Ron Gardner from Dady & Gardner has been featured in the Forbes article “How Franchisors Squeeze Money From Their Franchisees.” Ron Gardner continues to help people by sharing his insight on how Franchisors are able to take money from Franchisees. “Franchises seem...
“The Good, the Bad, and the Ugly – Franchise Agreement and FDD Provisions” an article by J. Michael Dady
“The Good, the Bad, and the Ugly – Franchise Agreement and FDD Provisions” an article by J. Michael Dady Michael Dady discusses Franchisee’s rights and limitations of the agreement. “1. The Duration of the Relationship The Good: Consecutive, unlimited renewal terms,...