E-Commerce has opened a new frontier for the distribution of goods and services. Along with opportunity however, it also brings difficult decisions for many franchisors. Typically, the grant of a franchise includes some form of territorial rights. The extent of those rights is now being tested in many franchise systems. Example: If a franchisor establishes […]
Sometimes You Should Just Say No
… because franchise agreements can look just like credit card agreements. I started reviewing and writing franchise agreements, even before I moved to Texas in 1989. When I first got here, franchise agreements seemed pretty balanced to me. It was standard practice to use phrases like “[franchisor] shall not unreasonably withhold its consent…”. Nowadays the […]
How to Use Your Franchise Lawyer Cost Effectively
Got a problem? Organize it. If you need help to accomplish your objectives, you need to be able to explain it clearly and completely. If you can’t articulate the problem and how it developed, you force your attorney to extract it from you. That takes time and time is money. So do your homework. 1. […]
Negotiating a Franchise Agreement? Let’s Make a Deal
If you are new to the world of franchising, you may be surprised to learn how rigid and inflexible the franchise “rules” can be. It seems inconsistent with a business format that is praised as an avenue for creativity, entrepreneurship and the potential for rapid cost effective expansion. A great example of this is the […]
