Sentences with phrase «of franchise agreement»

While the original judge said that Mincom purposefully chose ambiguous wording in Schedule B of the franchise agreement, the Court of Appeal ruled that «the ambiguous working in Schedule B was chosen by representatives of the respondent and not by the appellant.

«The trial judge ordered the royalties paid by the respondent (Ielasi) to the appellant (Mincom) during the five years under the terms of the franchise agreement returned to the respondent.

To make this determination, the landlord should obtain a copy of the franchise agreement from the tenant.

If Re / Max, Sutton and fellow big five members can't keep their members in organized real estate, what does that say for the strength of the franchise agreement period?

Some of the key advantages of a misrepresentation claim (and disadvantages of a rescission claim) are as follows — assuming there is no termination of the franchise agreement (for more about termination of franchise agreements, you may wish to read the Law Works Franchise Blog article titled, Top Five Franchise Termination Considerations):

A claim for a rescission is subject to a limitation period under the Act: a prerequisite is the delivery of a notice of rescission within two years from the date of the franchise agreement.

Represented Coffee Republic Retail against a former franchisee that had alleged wrongful termination of a franchise agreement in a dispute that involved UK and Bulgarian parties

In the absence of any specific contractual language (there was express language in the agreements at issue in Bertico), the court found the franchisor had an implicit duty, as a result of a duty of good faith and loyalty towards its franchisees, to provide them with technical support and co-operation in a manner that would ensure that the underlying considerations of the franchise agreement remained relevant.

It may be recalled that the Court made this finding not on the basis of the duty to perform contracts in good faith as set forth in article 1375 C.C.Q. but rather on the distinct theory of implied obligations, citing specifically the «nature» of the franchise agreement and «equity» in article 1434 C.C.Q.»

A termination of a franchise agreement by a franchisor in this way is called a «self - help remedy», because the franchisor effects this process without court approval, essentially on a self - help basis.

How to get out of a franchise agreement or franchise contract is often asked by franchisees who are «disenfranchised» (pardon the pun) by the experience of owning a franchised business.

The legal characteristics of a franchise agreement are typically somewhat different from normal commercial contracts in that they are «contracts of adhesion», meaning they are drafted in a franchisor's standard form contact and are generally signed by the franchisee with little or no modifications.

However, often the dispute is required under the language of the franchise agreement to be resolved by private arbitration, outside of the court system (see existing and future blog posts in the Law Works Franchise Blog about franchise arbitrations).

The franchise lawyer will need to assess the conduct of all parties to the franchise dispute and give the franchisee full and frank advice about all the factors that will come into play when assessing who is right and who is wrong, whether the franchisee may be entitled to get out of the franchise agreement, and if so, under what conditions.

Another important part of the analysis in which the franchise lawyer will need to carefully engage is whether the franchisee — not only the franchisor — broke parts of the franchise agreement, or failed to comply with his or her obligations under the franchise contract.

To determine whether the franchisor broke the franchise agreement, a franchise lawyer needs to extensively analyze all the terms and conditions of the franchise agreement and all other franchise contracts, as well as obtain from the franchisee all relevant facts about the allegations.

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.

The former concern breaches of contract which occurred during the term of the franchise agreement.

The restrictive covenant in the franchise agreement applied on the termination of the franchise agreement.

More broadly, the Court stated that the question was whether it was plain and obvious that a parent company and a franchisor's associate which controls the market and sets the terms of the franchise agreement, like GM US, could never be considered a party to the agreement for purposes of the duty of good faith.

Successful representation of franchisees against one of the nation's largest sellers of automotive parts for breach of franchise agreement.

Remedies and time limits to pursue those remedies, including for rescission of the franchise agreement and damages.

In case of termination of the franchise agreement, franchisors may face several claims by the franchisee depending on the reasons for terminating the contract.

After successfully defending a preliminary injunction hearing in Western District of Oklahoma, obtained favorable settlement for franchisee in case alleging breach of franchise agreement, theft of trade secrets and confidential information, and trade dress, trademark, and copyright infringement.

Turns out that there was more than one flavor of franchise agreement out in MBE land.

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.

In that decision, Beck Reed Riden LLP's attorneys secured a positive result for their client, a creditor who was seeking to enforce certain noncompete and nonsolicitation provisions of a franchise agreement that it entered into with the debtor.

Accor has continued to build toward its stated aim of operating 300 hotels in the United Kingdom by 2015 with the signing of a franchise agreement with Jupiter Hotels, the new owners of the former Jarvis hotels.

Following a franchisee's first year, the royalty fee remains at three percent for the life of the franchise agreement.

The plaintiffs seek more than $ 20 million for fraud, breach of the franchise agreement, and negligence as well as punitive damages and attorney's fees.

Shortly after the letter of intent was issued, long time (40 - years) Birmingham, Alabama Mercedes - Benz dealership Crown Automotive filed a law suit (against Mercedes - Benz USA) claiming that by allowing a second Mercedes - Benz dealership to operate in Birmingham they would violate the terms of their franchise agreement.

«Gov. Cuomo sent the Legislature a bill to reconstitute the board with majority private control and guarantee Saratoga Race Course $ 16 million in annual capital — $ 270 million over the length of the franchise agreement,» he said.

Under the Caltex franchise agreement, if a franchisee is terminated due to a breach of the franchise agreement (which can occur for wage underpayment as well as other reasons) the value of the business is returned to Caltex with the franchisee receiving only the value of any stock or other owned assets.

Further, you will need to purchase and maintain in effect at all times during the term of the Franchise Agreement a policy or policies of insurance, naming us and our affiliates as additional insureds on the face of each policy.

When buying a franchise business, it is important to get a lawyer who has experience with the ins and outs of franchise agreements.

The deal is the latest in a series of franchise agreements which has seen the Mercure brand expand rapidly in the UK in recent months, making Mercure a major player in the local mid-scale market.

In addition to the terms of the franchise agreements, the broader scope of rights and responsibilities are found in the system's manuals, training programs and day to day communications.

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.

Advising on a dispute arising out of alleged breaches of franchise agreements for the placement of students from around the world in U.S. colleges through sports scholarships.

Issues often arise in case of franchise agreements based on a different jurisdiction being just translated but not properly adapted to Austrian laws or the Austrian market situation.

There was no need to determine whether the restrictive covenant in this case (i) was entitled to a presumption of reasonableness (as done in the commercial context), (ii) required a high level of scrutiny (as done in an employment contract), or (iii) perhaps fell somewhere on a spectrum between these two ends (as is assumed in respect of franchise agreements, which are typically contracts of adhesion yet involve independent contractors in a commercial context).

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.

The contractual implications of the franchise agreements depend on the applicable franchise and contract law.

Analyzing the alleged actions or omissions of the franchisor and franchisee in the context of the contractual implications of the franchise agreements and provincial franchise law, the franchise lawyer has to determine whether the franchisor's alleged actions amount to breaking the franchise agreement.

Having established the legal onus of «serious issue to be tried», the court examined the reasons for the «royalty strike» and concluded that the franchisees ceased payments to bring the franchisor to the bargaining table for renegotiations of the franchise agreements.

William has acted for a number of franchisors, including a well - known nationwide photographic shop business and a well - known supplier of butane gas, in several cases concerning the enforcement of the terms of their franchise agreements against franchisees;

Fischman will manage the renewal of franchise agreements for Cendant brands Century 21, Coldwell Banker, and ERA and will enforce brand standards and policies.

Brookfield Real Estate Services Fund, which operates the Royal LePage residential real estate network, has formally approved the acquisition of franchise agreements operating under...

For Prudential contracts expiring within the next two years, affiliates will have the option to renew and continue to use the Prudential Financial, Inc. brand for an additional renewal period, but consistent with the provisions of their franchise agreements.

«Under the terms of a licensing agreement, Prudential's real estate affiliates may continue to use the Prudential Financial, Inc. brand until the expiration of their franchise agreements.