I am always a little mystified when a franchisor says, “We do not negotiate the franchise agreement,” before even hearing what a prospective franchisee might want to discuss.
Not every requested change will be reasonable. Not every provision is negotiable. I understand that.
But refusing to even have the conversation sends a message of its own.
A franchise agreement is the beginning of what may be a 10 year business relationship. If the answer before the relationship even begins is, “We will not listen,” a prospective franchisee should at least ask:
What does that tell me about how this relationship will work when a real problem arises?
Prospective franchisees often assume their territory provides more protection than the franchise agreement actually guarantees. https://t.co/0c1jop3UUB
A quiet victory this week.
After extensive negotiations, we helped resolve a difficult dispute between LLC members that was consuming time and distracting from the business.
Sometimes the best result is not winning a lawsuit. It is helping business owners avoid one.
Everything should be as simple as possible, but not simpler. Lawyers should strive for brevity. Clients should understand that some provisions cannot be shortened without sacrificing the protection they provide. Good drafting removes unnecessary words, not necessary rights.
The biggest franchise mistakes are often made before buying. Buyers rush into deals, underestimate total costs, speak only with selected references, and fail to understand how they can eventually exit. Careful due diligence matters.
Do not fall in love with the brand before evaluating the franchise business. A catchy name does not overcome weak economics, inadequate working capital, poor local demand or an unfavorable agreement. But a business, not a logo.
I heard a great comment recently: In conflict, assume misunderstanding before you assume malice. That shift changes conversations. Curiosity replaces accusation. Questions replace assumptions. Most relationships are not destroyed by bad intentions. They are damaged by stories we tell ourselves about someone else’s intentions.
Franchise due diligence basics include: Read the FDD. Review the franchise agreement. Negotiate key terms. Talk to current and former franchisees. Build the right advisory team. Put yourself in a position to be successful.