Most
franchise agreements include provisions that only the written terms of the agreement will be binding.
Russell has also represented a pizza chain in relation to enforcement of
their franchise agreements including claims over the validity of determination of franchise agreements and the effect of such termination.
Not exact matches
It sounded counterintuitive, he said, but the big national chains, ever fearful of bad publicity,
include harsh penalties in their
franchise agreements for failing health inspections.
Intangible assets
include franchise rights, goodwill, noncompete
agreements, patents and many other items.
More specifically, the areas of beverage alcohol in which the firm practices
include federal, state and local alcoholic beverage retail, wholesale and supplier licensing, multi-jurisdictional regulatory compliance, international and domestic
agreements, trademark registration and protection, federal label approval and state brand registration, industry
franchise laws, trade practices, and Customs matters related to the alcoholic beverage industry.
The transaction
included an additional
franchise agreement for a future location in Indiana.
Bahaneh's areas of expertise
include state and federal licensing, tied house laws, state and federal labeling regulations and approvals, changes in control and winery / brewery / distillery sales,
franchise laws, distribution
agreements, winemaker
agreements, trade practices
including advertising, sponsorships and special events, celebrity brands, festivals, third party marketing, contests and sweepstakes and direct shipping laws.
In March 2016, the Master
Franchise Agreement and Site
Franchise Agreements between Hard Rock International's franchisor Hard Rock Limited, Grupo ECE Mexico, S.A. de C.V. and its subsidiaries,
including Operadora DB México, S.A. de C.V. was formally ended.
Cicis positive momentum
included the signing of 18
franchise agreements in the fourth quarter of 2015, representing 44 new restaurant commitments that will lead to the creation of more than 1,100 new jobs nationwide.
Smoothie King
Franchises, Inc., the premier smoothie and nutritional lifestyle center, announced today it has signed eight area development
agreements with new and existing franchisees to expand in several markets across the U.S.,
including Chicago, Dallas, Atlanta, Tallahassee, Fla., Jackson, Miss., New Haven, Conn., Sarasota, Fla., and Wichita, Kan., marking a total of more than 100 locations sold in 2013.
The Miami Marlins» owner has signed a $ 1.2 billion
agreement to sell the
franchise to a group that
includes former New York Yankees captain Derek Jeter.
FORT LAUDERDALE, FL == AutoNation, America's largest automotive retailer, today announced that it has signed
agreements to acquire four stores,
including five
franchises, in the Westchester County, New York area.
I was told that, several years ago, Simon & Schuster had signed an exclusive graphic novel
agreement with B&N to have first release of certain titles, then Simon & Schuster turned around and released other numerous titles exclusively to Amazon —
including other titles in the same
franchises as the supposed exclusive B&N
agreement.
Legal documents: These might
include your articles of incorporation,
franchise agreements, business licenses and permits and copies of contracts with third parties.
Set to open this August is Holiday Inn London - West, a 225 - room property
including 75 new rooms and 150 refurbished rooms, which will operate under a
franchise agreement with first time IHG owner Mango Hotels.
Electronic Arts announced today an
agreement to acquire Respawn Entertainment, a leading independent game development studio and creators of AAA shooter and action games
including the critically - acclaimed Titanfall
franchise.
This announcement comes in light of the announcement that Outright Games have entered into an
agreement with BANDAI NAMCO Entertainment Europe, the premier publisher of anime video games, for the distribution of their 2017 - 2018 line - up,
including top - grossing global
franchise Ben 10, and the beloved series Adventure Time.
The
agreement grants Mad Catz the rights to create Rock Band controllers «for all future iterations of the
franchise -
including the forthcoming Rock Band 3.»
I believe the most reasonable inference is that, by agreeing that the laws of Ontario are to govern the validity, construction, performance and enforcement of a
franchise agreement applicable to
franchises operating in another province, the intention of the parties was that their rights and obligations —
including the reciprocal and inviolable rights and duties of fair dealing — are to be the same as if the business of the
franchise was operated in Ontario.
Representation of minority shareholders in home healthcare
franchising companies in various state court litigation involving breach of fiduciary duty, breach of a shareholders»
agreement, fraud and other tort claims,
including successfully prosecuting charges for violation of court orders freezing millions of corporate funds, resulting in a civil contempt judgment that
included a jail sentence.
Adam's hospitality practice also
includes the negotiation of hotel management
agreements,
franchise agreements and asset management
agreements.
Finally, Adam represents receivers in their hotel receivership engagements,
including the negotiation of receivership orders, receiver
franchise agreements and receiver sale
agreements.
to enforce its
franchise agreement,
including applying for and obtaining urgent interim injunctions against seven separate franchisees (Mike Pero (New Zealand) Limited v Heath & Ors [2015] NZHC 2040)
Michel also advises and litigates on behalf of domestic and international companies with regard to commercial contracts
including agency,
franchise and distribution
agreements, domestic and international sale / purchase transactions and liability law.
Glaser's broad litigation experience
includes complex commercial matters, business torts, employment litigation and intellectual property disputes,
including contract claims, defending employment discrimination claims, the enforcement of non-competition and non-solicitation
agreements, federal and state unfair competition claims, defense of Fair Labor Standards Act claims,
franchise and distribution disputes, lender liability and FINRA matters, professional negligence and medical malpractice defense.
Inadequate disclosure entitles a franchisee to rescind the
franchise agreement within two years and to extensive damages,
including the return of its investment in
franchise fees, inventory and equipment costs, as well as compensation for any losses incurred by it in acquiring, setting up and operating the
franchise business.
Business Development: Brokering various business dealings that further the diversification of Indian economies Developing and accessing commercial financial programs and services for tribal governments,
including tax - exempt offerings and federally - guaranteed housing loans Serving as issuer or underwriter's counsel in tribal bond issuances Ensuring tribal compliance with Bank Secrecy Act and other federal financial regulatory requirements Handling federal and state income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating
franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement
agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations,
including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation,
including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts,
including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings,
including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals,
including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rights.
She assists clients by drafting and negotiating contracts,
including governance documents,
franchise agreements, leases and purchase and sale
agreements.
Our attorneys also have extensive experience in negotiating
franchise and distribution
agreements and handling intellectual property matters (
including trademarks, trade secrets, and copyrights), advertising concerns,
franchise law compliance, mergers and acquisitions, antitrust matters and other corporate issues related to
franchises.
This work
includes the negotiation of
franchise agreements, hotel management
agreements, deed - in - lieu transactions and the disposition of these assets on behalf of clients.
Adam also represents receivers in their hotel receivership engagements,
including the negotiation of receiver
franchise agreements, hotel management
agreements and receiver hotel sale
agreements.
The Court found a number of deficiencies in the disclosure provided by the franchisor,
including failure to provide: (1) the financial statements of the franchisor; (2) the lease or sublease relating to the premises where the
franchise operated and an estimate of the costs for such a lease; (3) the Directors» Certificate; and (4) various other
agreements relating to the
franchise.
Distributors that are part of a «vertical distribution system» (
including franchising) are entitled to claim non - amortized or non-adequately utilisable investments they were obliged to make according to their distribution
agreement with regard to a uniform distribution system.
Central to our commercial contracts practice is advice on principal trading contracts associated with the supply of goods and services,
including standard terms and conditions of sale / purchase, long term supply
agreements, framework trading
agreements, agency,
franchise and distribution
agreements.
I have great deal of experience in drafting and advising of all types of commercial trading
agreements,
including but not limited to, terms and conditions, software licence
agreements, agency
agreements, distribution and
franchise agreements, and advising on data protection.
Remedies and time limits to pursue those remedies,
including for rescission of the
franchise agreement and damages.
We also advise on all forms of commercial contracts
including agency and distribution,
franchising, management
agreements, lending and security documentation, sponsorship and marketing
agreements and standard terms and conditions of trade.
Her specialisms
include asset finance, banking law, business affairs,
including terms and conditions of sale and purchase and website terms and conditions, commercial law, agency,
franchising, distributorships, shareholders
agreement and partnership
agreements, company law and computer and IT law.
Our work
includes preparing
franchising, licensing, distribution and sales
agreements, as well as drafting warranties, warnings and instructions for product use.
developing and managing trademark licensing programs,
including drafting and negotiating trademark license
agreements and
franchise and distribution
agreements
Negotiating and drafting various
agreements,
including sale and distribution, employment, consulting,
franchise, royalty, and joint venture
agreements
We have experience in organizing, structuring, and restructuring businesses -
including shareholders»
agreements, partnership
agreements, joint venture
agreements, and
franchise and license
agreements.
We not only understand the technicalities and legalese involved in commercial contracts, but also offer drafting and reviewing services for such contracts,
including buy - sell
agreements,
franchise and licensing
agreements, partnership and limited liability company
agreements, agency
agreements, alliance and collaboration
agreements, consulting arrangements, customer service
agreements, manufacturing contracts, sales representation contracts, supply contracts, warranties, etc..
The restrictive covenant
included a broad non-compete restriction similar to those typically found in many Canadian
franchise agreements.
We advise on disputes arising from all types of commercial
agreements,
including: • Joint ventures •
Franchising agreements • Distribution
agreements • Agency
agreements • Terms and conditions of sale of goods and service
Legal services provided by us
include determining the appropriate business entity, jurisdiction and taxation status, structuring and formation of new entities, foreign investments, foreign collaborations, joint ventures, and technology absorption, setting up of branch offices, liaison offices or project offices, tax planning, developing and documenting shareholder
agreements, creating executive employment
agreements that attract and retain key leadership, identifying and securing intellectual property via trademarks, patents and copyright protection, creating business financing strategies, advising clients for ongoing business needs and transactions, distributorships, sales
agreements, stockholders» buy - sell
agreements,
franchise agreements, intellectual property and license
agreements, outsourcing
agreements, licensing
agreements and technology transfers,
including hardware, software and other services and products, trade practices, advertising and promotions.
We draft, negotiate and interpret a wide variety of commercial contracts,
including agreements for the supply and purchase of goods and services, outsourcing arrangements, agency and distribution
agreements,
franchise agreements and tender responses.
As noted by way of an introduction to the critical statutory
franchise rescission remedy in Ontario in a Law Works Franchise Justice Blog Post on September 8, 2013, «Terminating a Franchise Agreement: A Primer ``, if a franchisor fails to deliver a disclosure document as required under Ontario's Arthur Wishart Act (Franchise Disclosure), 2000 and its Regulation, General Ontario Regulation 581/00, a franchisee is entitled to cancel (legally «rescind») the entire purchase of the franchised business from the start of the transaction, including all franchise and related agreements, and claim a return of all his or her investment an
franchise rescission remedy in Ontario in a Law Works
Franchise Justice Blog Post on September 8, 2013, «Terminating a Franchise Agreement: A Primer ``, if a franchisor fails to deliver a disclosure document as required under Ontario's Arthur Wishart Act (Franchise Disclosure), 2000 and its Regulation, General Ontario Regulation 581/00, a franchisee is entitled to cancel (legally «rescind») the entire purchase of the franchised business from the start of the transaction, including all franchise and related agreements, and claim a return of all his or her investment an
Franchise Justice Blog Post on September 8, 2013, «Terminating a
Franchise Agreement: A Primer ``, if a franchisor fails to deliver a disclosure document as required under Ontario's Arthur Wishart Act (Franchise Disclosure), 2000 and its Regulation, General Ontario Regulation 581/00, a franchisee is entitled to cancel (legally «rescind») the entire purchase of the franchised business from the start of the transaction, including all franchise and related agreements, and claim a return of all his or her investment an
Franchise Agreement: A Primer ``, if a franchisor fails to deliver a disclosure document as required under Ontario's Arthur Wishart Act (
Franchise Disclosure), 2000 and its Regulation, General Ontario Regulation 581/00, a franchisee is entitled to cancel (legally «rescind») the entire purchase of the franchised business from the start of the transaction, including all franchise and related agreements, and claim a return of all his or her investment an
Franchise Disclosure), 2000 and its Regulation, General Ontario Regulation 581/00, a franchisee is entitled to cancel (legally «rescind») the entire purchase of the
franchised business from the start of the transaction,
including all
franchise and related agreements, and claim a return of all his or her investment an
franchise and related
agreements, and claim a return of all his or her investment and losses.
This
includes drafting and negotiating
franchise agreements, know - how licence
agreements and trade mark licence
agreements.
In addition to counseling and drafting
agreements, we have deep and broad experience litigating and arbitrating disputes between manufacturers and their distributors, dealers and sales agents,
including breach of contract claims and claims based on state
franchise and dealer protection statutes.