By Peter Snell For many, all contracts may look the same, or at least similar; therefore, it may be hard know if the agreement meets one’s needs. Are franchise agreements really all the same? The short answer is no, they are not.
By Eldonna Lewis Fernandez
Q: What kind of a negotiator does a prospective franchisee need to be when discussing the franchise agreement with the franchisor? Eldonna says: Anyone preparing to negotiate a franchise agreement—or any other contract—should first figure out his/her style of communication.
By Frank Zaid
Q: What issues are being raised in today’s Canadian franchise agreements and disclosure documents with regard to intellectual property? Historically, the term ‘intellectual property’ referred to statutory patents, trademarks, industrial designs and copyrights.
By Frank Zaid
Q: Can a franchisor deliver a disclosure document to a franchisee and sign a franchise agreement before a location for the franchise has been determined? In such situations, the FDD cannot include a copy of the head lease, of course, because it does not yet exist.
By Chad Finkelstein
Q: What terms will a franchisor typically implement for the resale of a franchise? Chad says: While there are no ‘one size fits all’ transfer conditions for franchise agreements, there are a number of terms which are conventional enough to be considered industry standards.
By Peter Snell
You can certainly expect to find clauses within your new franchise agreement that (a) require your franchised location’s premises to be constructed and developed in accordance with the franchisor’s standard plans and (b) prohibit any variations being made to them without the franchisor’s prior written consent.