1. Ask yourself if the decision is legal; Do you have that right in the agreement? Have you followed the code termination obligations? You can provide this information to the franchisee in the form of a notice of violation. Typical examples of an offence that may justify the issue of injury communication are: Shelley Nadler writes: Very few franchisors will be willing to give guarantees on the financial benefit… Some agreements are quite complex and you would be well advised to consult a business lawyer before signing. It may also apply to state law. Most of them prevent dismissal, with the exception of the „good cause“ defined by each state. Some states have statutes that stipulate that a franchisor cannot terminate a contract without a „good reason“ within the meaning of the statute. For example, a franchisor should be able to prove that your franchise is not paying its licence fee or advertising fees or that it is in some way violating the health and safety requirements to terminate the contract. As long as the deductible meets a minimum standard, the contract must remain intact. If the franchisor intends to avail itself of a breach of termination, the franchisor must notify the franchisee that if the infringement is corrected, the franchisor cannot terminate the contract. If a franchisee wishes to sell its business, a franchisor cannot unreasonably refuse consent to the sale. A franchisor who improperly terminates a franchise agreement may benefit from an unreported profit for the remainder of the franchise and possibly a right to the value of the business if the franchisee had been able to sell it at a later date. Quantifying the value of these claims can be difficult and it is important to have advice from experienced lawyers in this regard.
These are not exhaustive examples – it is open to the parties that the franchise agreement determines the circumstances that must be met prior to termination. In most franchise agreements, the franchisee is in a „Take it or leave it“ scenario when he decides to join, so it is more a matter of appreciating the circumstances that justify a termination than trying to understand and negotiate it.