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The franchise agreement can be roughly synthesized as containing three main components: the pre-contractual requirements such as disclosure, the ongoing and post-contractual rights, and obligations of both the franchisee and franchisor.[1] The...   Read More...
There are many factors to consider when a business owner decides to expand. One of the big questions to answer is that the business will use the business format franchising model to expand? In academic circles, franchising has been seen as a...   Read More...
COVID-19 has forced businesses to transition quickly into a new environment if they are going to make it. Here are some of the following recommendations franchise systems and, more specifically, restaurant franchise systems can implement. First, it...   Read More...
There is new case law development regarding the use of force majeure provisions during the COVID-19 pandemic. In the case In re Hitz Rest. Grp., one of the issues that the court had to decide was whether a restaurant’s force majeure provision...   Read More...
The franchise industry has not been immune to the effect of the Covid-19 Pandemic. As a result, franchisors may want to consider some of the following measures to ease the burdens, both financial and otherwise, that their franchisees are currently...   Read More...
The COVID-19 virus has caused the WHO to declare a global pandemic. The labeling of this virus has contractual implications as well. Many franchise agreements and lease agreements have a clause that is activated in these situations. The clauses can...   Read More...
Item twenty is one of the most significant items in the Federal Disclosure Document; it is titled outlets and franchise information.1 The franchisor is required to disclose the total number of franchises and company-owned franchise for the last...   Read More...
Item eighteen is titled public figures.1 This item requires the franchisor to list any public figures that are compensated for their aid in selling franchises. Although there was a critique to abolish this item since it is rarely used, the...   Read More...
Items five through seven concern fees and the initial investment costs.1 Item seven is the estimated initial investment; in the case that the amount of payment is unknown (e.g., real estate costs) the franchisor may give a low-high range based on...   Read More...
The items listed in the Federal Disclosure Document contain necessary information about the franchisor that enables the prospective franchisee to make an informed decision about whether to invest in the franchise system in the U.S. Respectively,...   Read More...
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