How To Negotiate Franchise Agreement To Maximize The Profit
The
franchise is a unique business model where you can replicate a sustainable and
consistent copy to extend it. As the franchisors want consistency, they always prefer
that all the franchisees have the same type of agreements. Not all franchisors
agree for the negotiation as there are many factors like the market, size of
the system and brand awareness in the area depend on it.
What is the
Franchise Agreement?
The agreement
that contains all the terms and conditions of the franchise business is called
the Franchise Agreement. In most of
the cases, the franchisors hire the Franchise Attorney and create a common
agreement by which they can do contract with several franchisees.
After reviewing
the contract and ensuring the factor that it is deceptive or not against any
public policy then the Contracts of Adhesion is enforced. The franchisors
generally don’t spare time to the franchisees to read the agreement thoroughly
as specified by the Franchise Rule. In case, there is any ambiguity found in
the contract the court has to interfere and does the interpretation of the
clause in favor of the opposite side.
What are the
changes for which you can negotiate?
In case, you
want to accept the agreement without any change then it can be your drawback.
It is advisable to hire an experienced
Franchise Attorney to help you in the negotiation. There are certain
changes that you can ask for.
- Added
Help:
As the franchisor is in the business for a long time and on the contrary,
you may be venturing in this domain for the first time. For this, you can
ask for added assistance so that you can set up the business well. You can
preach by saying that your profit is eventually their success as well. The
guided suggestion and training will help you to ease the struggle of the
initial days and establish your business well.
- Finance: Many franchisors
financially help the franchisor by offering money for advertising and
marketing.
- Territorial
Protection:
The franchise business is for a particular location only but you can
negotiate to get a protected territory. You can get a greater area than
stated in the agreement. However, you have to have territorial protection
for that.
- Transfer
fees:
In case, you want to sell the franchise in the future, you can negotiate
the transfer fees.
- Modified
payment option:
It is very tough to negotiate as most of the franchisors resist it.
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