Consider this hypothetical: You invested your hard-earned savings into buying a franchise, and now you wish you never had. The franchise has turned out to be nothing like the success you believed it would be. Your financial records show that at this rate, you will be...
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Franchise Agreements
A franchise disclosure document can protect you from fraud
For many, owning your own business is a dream. You get the opportunity to lead a team, boost your community and build wealth for your future generations. When starting a whole business from scratch feels like an impossible feat, purchasing a well-established franchise...
3 signs it may be time to end your franchise arrangements
Buying into a franchise can be a shortcut to business success. You get to make money off of an established brand with a loyal customer base. You benefit from investments made by the parent company into product development and advertisement, and you likely have a...
3 signs that buying a franchise isn’t the right option
Buying a franchise can be a good way to open a business and bring in compensation. However, buying into the wrong franchise can come back to hurt you later by resulting in poor returns or even negative returns. There are times when it’s not appropriate to buy a...
Franchisor-franchisee relationships during a pandemic
The impact of COVID-19 on businesses over the past twelve months has been well documented. Some had no choice but to temporarily or permanently shutter their operations. Others have remained open but continue to struggle with government-mandated restrictions and...
3 signs it’s time to walk away from a franchise opportunity
Opening a franchise location can offer new opportunities to bring in customers and build a strong business on a preexisting brand. Sometimes, however, a franchise opportunity really is too good to be true. When should prospective franchisees walk away from a franchise...
Vendor Rebates: Franchising’s Dirty Little Secret
In my previous column, I introduced readers to the often shockingly one-sided and overly aggressive nature of a vast number of franchise agreements. Ronald K. Gardner, Franchising From the Franchisee Lawyer Perspective, Law.com (Sept. 27, 2019). In my next few...
Does the California Franchise Investment Law Preempt Common Law Fraud?
There has been uncertainty in the preceding years surrounding whether the California Franchise Investment Law, Cal. Corp. Code § 31000 et seq. (“CFIL”) preempts common law fraud claims. The relevant language of the CFIL provides: Except as explicitly provided in this...
Common Franchise Agreement Provisions: Right of First Refusal
What is it A right of first refusal is extremely common in the franchise industry. Most (if not all) franchise agreements contain a provision giving the franchisor a right of first refusal on the franchisee’s proposed transfer of its business, including a proposed...
What to do if faced with franchise agreement termination or non-renewal
For a franchisee, wrongful termination or non-renewal of a franchise agreement poses a serious threat to the business you’ve worked so hard to establish. It can often occur unexpectedly and for seemingly no reason. However, depending on your unique circumstances, you...
