By Peter Snell When working with restaurant franchisors and franchisees, new prospects are often surprised by, or underprepared for, the “secret ingredients” the industry adds to franchise agreements and disclosure documents. It is imperative the franchisee takes the time to review the documents they are given before they enter into an agreement.
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.