Question

In: Operations Management

What kind of rights and protections are given to franchisees under a Franchise Agreement?

What kind of rights and protections are given to franchisees under a Franchise Agreement?

Solutions

Expert Solution

Following rights are available to franchisee under a financial agreement.

1. Right to equity in franchised business.

2.Right to franchisor's loyalty,good faith and fair dealing. Right to receive information and guidelines relevant to business.

3. Right to fiduciary duties

4. Right to trademark protection.

5.Right of disclosure from the franchisee and access to financial performance of the franchisor to decide on the future of association.

6.Right to training, support and marketing assistance.

7. Right to competitive sourcing from the franchisor with regards the service and products.

8. Right to access to franchisor

9. Right to form association with other franchisees.

10. Right of renewal and termination of franchise due to lawful cause.

11. Right to dispute resolution.

Protections-

1. Protection of market.

2. Protection against unlawful termination of franchise without any reason.

3.Protection under local laws and regulations.

4. Protection of right to compete post termination.

5. Protection of trademark.

6. Protection against encroachment of territories by other franchisee.


Related Solutions

What are the advantages and disadvantages of operating a lodging property under a franchise agreement?
What are the advantages and disadvantages of operating a lodging property under a franchise agreement?
what are the constitution protections enjoyed by an accused under our federal constitution? describe the protections
what are the constitution protections enjoyed by an accused under our federal constitution? describe the protections
Why are Franchisees willing to pay a substantial sum of money to acquire a Franchise (like...
Why are Franchisees willing to pay a substantial sum of money to acquire a Franchise (like McDonald’s or Starbuck’s)?
As a current or potential business owner, what constitutional rights and protections would you like to...
As a current or potential business owner, what constitutional rights and protections would you like to have more information about and why?
What is the difference between a management contract, a brand, and a hotel franchise agreement? Are...
What is the difference between a management contract, a brand, and a hotel franchise agreement? Are all three necessary to run a successful hotel?
what are your rights under HIPPA
what are your rights under HIPPA
4. You are an executive involved with Sonic’s franchise operations. Sonic franchisees have become increasingly popular....
4. You are an executive involved with Sonic’s franchise operations. Sonic franchisees have become increasingly popular. On the other hand, you have heard about some notable cases of misconduct at a few franchisees. You think making the franchise requirements more stringent and/or increasing the initial investment will help the company maintain additional control over its franchise operations and increase profit. Develop a list of requirements for opening up a new Sonic franchise that will be distributed to new entrepreneurs wanting...
Ceteris paribus, what would happen to a standard collusive agreement under oligopoly given each of the...
Ceteris paribus, what would happen to a standard collusive agreement under oligopoly given each of the following situations? In each blank, write either “strengthen” or “weaken”.      Each blank is worth 1 point.             a) the barriers to entry for the industry are incredibly weak                                     _______________________________________________             b) each firm produces a homogeneous product                                     _______________________________________________             c) each firm has an identical cost structure                                     _______________________________________________             d) there is a very large number of firms in the...
William Roberts operated a McDonald's restaurant under a franchise agreement with McDonald's Corporation. Roberts hired 23-year-old...
William Roberts operated a McDonald's restaurant under a franchise agreement with McDonald's Corporation. Roberts hired 23-year-old David Mabin, who was just released from jail for robbery, drug use, and theft, as an hourly worker. Soon, Roberts promoted Mabin to assistant manager on the night shift at the restaurant. A 15-year-old girl began working at the McDonald's, and she quickly became involved with Mabin, who provided her with free food, alcohol, and drugs (including ecstasy) and kissed her openly in the...
Spotlight on McDonald’s—Franchise Termination. J.C., Inc., had a franchise agreement with McDonald’s Corp. to operate McDonald’s...
Spotlight on McDonald’s—Franchise Termination. J.C., Inc., had a franchise agreement with McDonald’s Corp. to operate McDonald’s restaurants in Lancaster, Ohio. The agreement required J.C. to make monthly payments of certain percentages of gross sales to McDonald’s. If any payment was more than thirty days late, McDonald’s had the right to terminate the franchise. The agreement also stated that even if McDonald’s accepted a late payment, that would not “constitute a waiver of any subsequent breach.” From time to time, McDonald’s...
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT