Sentences with phrase «whether franchisors»

In part 1 of our interview with franchise lawyer, Chris Horkins, we talk about whether franchisors have a legal obligation to protect their brand strength.

An accountant can help you understand whether the franchisor:

Instead, it focused on whether the franchisor had a legitimate interest that was entitled to the protection of the restrictive covenant.

In respect of the correct legal issue, the Court of Appeal ruled that the motion judge significantly erred by framing the issue as: whether a franchisor's associate is deemed to be a party to the franchise agreement.

Instead, the court focused on whether the franchisor had a legitimate interest to protect in Peterborough in respect of the MEDIchair franchise system.

He summarized the law, as stated by the Ontario Court of Appeal in 2001 in 978011 Ontario Ltd v Cornell Engineering Co, that it is unclear whether a franchisor is under a duty of fair dealing in relation to pre-contractual discussions with a prospective franchisee.

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.

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.

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.

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.

Not exact matches

Call the former franchisees, and ask them why the agreement was terminated, whether the franchisee wasn't making the grade, or whether they had some type of grievance with the franchisor.

If you are thinking of buying into a franchise, you must review the business plan with an eye toward learning whether there will be enough revenue to reward both you and the franchisor.

It's also a good idea to check whether consumers or franchisees have filed complaints against the franchise or franchisor with franchise regulators, Better Business Bureaus (BBBs) or local consumer protection agencies in your state or the franchisor's home state.

Though some franchisors give their franchisees some leeway in how they advertise to their local market, most don't want a franchisee altering the brand, whether that's using the logo improperly or altering food recipes.

With professional help, whether from a lawyer or a franchisor, you'll be able to reduce your risk and start your business completely legally.

They might be able to tell you how successful their location is and whether they are happy with their franchisor.

Whether a franchisee or franchisor, when starting such a partnership both parties are generally committed to a long - term and fruitful business relationship.

A franchisor's willingness to negotiate the application and scope of a personal guarantee may differ depending on whether the franchisee is a single - or multi-unit franchisee.

Analysts and advisers are also unconvinced whether Watkins» decision to strengthen CCA's relationship with Coca - Cola, its major shareholder, franchisor and supplier, is healthy.

It is a question of fact as to whether, as the court considered in Cislaw, the franchisor retains» «the right to control the means and manner in which the result is achieved»» and exercises «complete or substantial control over the franchisee.»

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.

Among other things, the decision in this case did not address the effect of the personal guarantee that the franchisee's individual principals signed, and whether this was done under a condition in the original franchise agreement, or whether this was a new condition that the franchisor may have imposed at the time of the resale.

The Court held that the motion judge should have framed the question as: whether the duty of good faith could apply to a franchisor's associate.

the franchisor had a legitimate interest to protect its method of operation, goodwill, products, and services from similar operations specializing in the sale or rental of home medical equipment; the similarity is therefore found by comparing not only the product line but also the method of operation and whether the franchisees were using the goodwill of the franchise system from which the had benefitted for many years.

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.

The ball then shifts to the franchisor to decide whether to terminate the franchise agreement.

Farmers makes it easy to customize a policy that meets a franchisor's requirements — whether you need additional insured certificates, higher limits, employment practices liability insurance (EPLI), cyber liability or umbrella coverage.

Certainly a brokerage's «brand equity», whether that has been established by an independent firm like mine or from a franchisor, is a very important component of business value.

Enforcing non-competition covenants against sales representatives, whether by the franchisor or franchisee broker, is likely very difficult given the much higher employment threshold.