Run, Don’t Walk Can you walk away from buying the perfect franchise business for you, if the franchise agreement has one awful, horrible clause? Ok, if there’s one, there are likely more. When I started my law practice, franchise agreements seemed pretty balanced. You would usually find franchisor’s approval rights were softened by the qualifier […]
Want To Be a Franchisor
So You Think You Want to Be a Franchisor? Feel the Need to Franchise Your Business? FAQS Answered. I come from the Keep It Simple school of franchise law, and prefer to make franchising as uncomplicated as possible. But it is still not something you should jump into just because you think franchising is […]
Hot Legal Issues: Encroachment and the Internet
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 […]
5 Questions Wannabe Franchisors Ask
Feel the Need to Franchise Your Business? FAQS Answered. I come from the Keep It Simple school of franchise law, and prefer to make franchising as uncomplicated as possible. But it is still not something you should jump into just because you think franchising is a fast way to grow or a great way […]
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 […]
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