We have drafted and updated dozens of
franchise disclosure documents (under the old UFOC format and the FTC's current FDD format) and obtained state franchise registrations and exemptions in every state.
Read
the franchise disclosure document carefully, and then read it again.
No offer or sale of a restaurant will be made except by
a franchise disclosure document first filled and registered with applicable state authorities.
Franchisors are required to supply
a franchise disclosure document, which contains information on the backgrounds of the executives involved in the franchise company and other information.
A franchisor needs to hire attorneys to help draw up
a franchise disclosure document and a franchise agreement, both required by the Federal Trade Commission.
Moreover, we will not offer or sell franchises in those states until we have registered the franchise (or obtained an applicable exemption from registration) and delivered
the franchise disclosure document to the prospective franchisee that complies with applicable law.
The offer of a franchise can only be made through the delivery of
a franchise disclosure document.
A franchise offering can be made by us only in a state if we are first registered, excluded, exempted or otherwise qualified to offer franchises in that state, and only if we provide you with an appropriate
franchise disclosure document.
Pay close attention to
the franchise disclosure document and whether other franchisees are working with the same terms.
Frith says it's becoming increasingly challenging to comply with the franchise legislation in Ontario and have confidence
a franchise disclosure document is compliant.
A franchise disclosure document may not be considered as a «Disclosure Document» under the Act and the Regulation if it fails to contain key requirements under the Act and Regulations.
The answer to whether a franchisee is entitled to get out of a franchise agreement broadly depends on one or both of the following conditions: whether either party broke the franchise agreement, or, where required under provincial law, whether the franchisor failed to deliver
a franchise disclosure document.
MGDC and its affiliates claimed that their arrangement with Authentic Brands Group LLC was itself a «franchise agreement» under Ontario's Arthur Wishart Act (Franchise Disclosure), 2000, and that they were entitled to a rescission (cancellation) of the arrangement because they had not been provided with
a franchise disclosure document.
First, in the analysis of whether a franchisor is exempt from providing
a franchise disclosure document in a renewal, the court needs evidence, and it must be conclusive, about the material differences between the original and then - current franchise agreements and their factual context.
New York City partner and leader of the firm's Franchise & Distribution practice Craig Tractenberg authored this column on how the diligence process differs for franchisors and the role of
the franchise disclosure document.
A franchise is offered in many jurisdictions only by delivery of
a franchise disclosure document to you in compliance with applicable franchise sales laws.
Certain states require that we register
the franchise disclosure document in those states before offering and selling a franchise in that jurisdiction.
Offers of franchises may only be made by delivery of
a franchise disclosure document (prospectus), and in certain states the franchise disclosure document must first have been registered with the state agency that regulates the offers and sales of franchises.
Moreover, we will not offer or sell franchises in those states until we have registered the franchise (or obtained an applicable exemption from registration) and delivered
the franchise disclosure document to the prospective franchisee in compliance with law.
Not exact matches
ONE of the main criticisms of the
franchising code of conduct is the cost of providing
disclosure documents.
The franchisee sought to rescind the
franchise agreement approximately six months after entering into the agreement by arguing that the
disclosure document provided by the franchisor was so deficient that it amounted to receving no
disclosure at all.
He recently set new law with respect to Ontario litigation procedure, upheld on appeal new
franchise law relating to what rescission rights are available when a
disclosure document is provided by e-mail, and set new
franchise law at the intersection of the Wishart Act and the Personal Property Security Act.
As a result, it held that AGR had not provided a
disclosure document within the meaning of the Arthur Wishart Act (
Franchise Disclosure), 2000.
The franchisee and its individual principals argued that the restrictive covenant was unenforceable on the basis that (i) it comprised a restraint of trade and was ambiguous, and (ii) the
disclosure document did not contain a copy of the executed
franchise agreement.
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.
Cases that are helping to clarify Ontario's
franchising legislation include a pro-franchisor Superior Court ruling that a decision to wind down GM dealerships did not call for a new set of
disclosure documents (Trillium Motor World Inc. v. General Motors of Canada Limited), and a second case involving the auto giant (Addison Chevrolet Buick GMC Ltd. v. General Motors of Canada Ltd), where courts have declined to dismiss an argument from franchisees that GM's U.S. parent company should share liability.
This is an influential Ontario court decision under the Arthur Wishart Act (
Franchise Disclosure), 2000, on the issue of what constitutes a materially deficient
disclosure document.
«The first is to RE / MAX broker / owners who are in 30 different states in the U.S. that accept the federal
disclosure document for
franchise sales.