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Log In / Register | Mar 20, 2010
Keith Kanouse's picture

What If the Franchisor Refuses to Negotiate?

Not all franchisors are enlightened to the fundamental truth that the long-term vitality of franchising depends on the mutual success of franchisors and all of their franchisees. Rather, most franchisors, particularly those who are large and mature, take the position: "It's my trademark, I can do what I want, when I want!"

Keith Kanouse's picture

Renewal Provisions: What an Existing Franchisee Should Do

If you are an existing franchisee, re-read the renewal terms of your franchise agreement. If this typical provision is in there, it's still not too late to do something.

Keith Kanouse's picture

Renewal Provisions: What A Prospective Franchisee Should Do

A prospective franchisee needs to retain an experienced franchise attorney to review all of the terms of the franchise agreement including the renewal provisions.  If the typical renewal provision is in the franchisor's standard form of franchise agreement, try to renegotiate this provision to make it fair.

Keith Kanouse's picture

A Franchisee's Dilemma with Renewing

The vast majority of today's franchise agreements (that is, "one-sided, franchisor-oriented") normally contain the following provision as one of the conditions to the franchisor agreeing to renew the franchise agreement at the end of the initial term.

Keith Kanouse's picture

Is Your Franchise a 20-Year “Rent a Business?”

The typical franchise agreement is usually for an initial term of 5 to 10 years with a right to renew for an additional term. This means that at some point in time the franchise relationship may end if the franchisee does not exercise a right to renew or where the franchisee has no additional right to renew and the franchisor refuses to renew.

Keith Kanouse's picture

I Wish I Hired a Franchise Lawyer When I Bought the Franchise

In the 34 years of representing buyers and sellers of franchise, I have nearly seen it all.  I feel like an emergency room physician when I meet a client who bought a franchise and has lost hundreds of thousands of dollars in a failed or failed business.