Tom’s Franchise Information Blog

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Curing Franchise Agreement – Defaults Considered

If you are thinking about buying into a franchise system and have listed all the potential franchise business opportunities that suit your fancy then it is time for you to now do a little research. You must first educate yourself on the franchise business model and learn all you can about the franchisors that you are interested in, and that means you must do your due diligence.

When I advise franchise buyers on investigating their potential choices for franchise opportunities, I remind them that they need to read up on franchising so they completely understand what it’s all about and how to read and fully understand the franchise disclosure documents. One section that is very important and most franchise buyers merely skim over is the termination section of the franchise agreement.

Franchising companies must allow you to cure certain defaults prior to terminating your franchised outlet, which is basically the kiss of death for the franchisee. Meaning they are kicked out of the franchise system and thus, lose all rights to the franchise model, system of doing business, and the brand name; basically they lose everything.

Now although, most defaults of the franchise agreement can be cured, not all can. Very serious violations are grounds for immediate termination. The franchise documents will fully outline which faults can be cured and how, along with the amount of time allowed. Failure to meet these obligations can result in termination. I say “Can” because most franchisors do not wish to terminate franchisees, they want to help them comply.

You see, if a franchisor terminates a franchisee, this can led to litigation, burned territory, and the franchisor has to start all over again training a new franchisee, not to mention loses the royalty income in the interim. Please, I beg of you read up on the franchise default and termination sections, as well as understand how such defaults can be cured. If they do not sound reasonable, then talk with an attorney that “Specializes in Franchising” and consider not buying that particular franchise opportunity.

“Lance Winslow” – Franchising Resource. If you have innovative thoughts and unique perspectives, come think with Lance; http://www.WorldThinkTank.net/.

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