&'()*+,-.%"/$
!"#%.&%#43%(#*$%)1%#% 1*#45",&0%#/*00204$% 40/)$,#6-07
!012# @.A;B%
?CDB.< is owner of The ZipYard, Recognition Express,
ComputerXplorers and Kall Kwik
!$#%The short answer is no. Franchise agreements – contrary
to the belief of some – are put franchise owners, in that they are designed essentially to protect the brand.
Franchise agreements, in any case, should not be unfair, unlawful read them carefully). They also can’t be random or ad-hoc nor rewritten to suit the personal tastes of individual franchise owners.
18 |
Businessfranchise.com | November 2012
in the franchise agreement those terms that they feel encapsulate their franchise system and best serve the growth of the franchise. The only reason the franchisor would seek to change these is if new terms better served to help the business grow. Of course, not all franchise agreements are the same and not all lawyers will write the same type of agreement. So if you, as a prospective franchisee, are looking at a number of franchise agreements then don’t read one and assume all the rest are the same – they won’t be. For example, as a franchisor, I favour a 10-year agreement – my own lawyer actually would like our some franchisors will go for longer than 10. if you ask a franchisor to change the agreement for you then it will be unfair on their other franchise owners. Likewise, further changes to the agreement for future franchise owners will be unfair on you. Lastly, always refer the agreement to to explain the key points.
!"# !"#$%&'(()*$%+,--%.% /0$%1*)2%23%1*#45",&)*% ,1%23%6'&,40&&%,&% &$*'//-,4/7%
!012# 89:;<% =9>>;??
is a solicitor at Hamilton Pratt solicitors
!$#% Franchising offers a higher chance of success than establishing a start-up
without a support structure. An established franchisor should offer continuing support, ongoing training and documented systems and procedures. However, if your business is not performing to your expectations the immediate questions should be: Are you following procedures set in place by the franchisor? Have you taken advantage of all the training sessions on offer? Have you sought out an established franchisee and asked for their advice? Franchisors have an interest in their franchisees being successful. and therefore will want to see that you are taking active steps to implement their
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