5 Tips That The Franchise Lawyer Must Tell To The Franchisor and Franchisee During Coronavirus Pandemic
The franchise system is
in reality quite a stronger structure than any stand-alone business. They can
survive the aftermath of any disaster in a better way as they have a huge and
expanded support system. However, this time the Pandemic has created a
challenge that was never before experienced by the human race. The strongest
franchise business has been affected in this situation. Only the experienced
guidance of the Franchise Lawyer can hell the businesses to
come out from this catastrophe. Whether food or retail; every sector is hit by
the Pandemic.
In this situation, both
the franchisor and franchisee have to fight the battle jointly to get over the
crisis.
Here is a quick 5 tips
that will both the franchisor and franchisee may have to consider during this
Covid-19 Pandemic.
- It is the time
to recheck the franchise agreement and look for a force majeure clause in
that. If it has any, then it can pause the obligation of both parties. You
must consult with the Franchise Lawyer how to implement
the clause in this case.
- What is the
structure of the franchise fees like weekly or monthly or quarterly or a
percentage of gross sales? In the case of the percentage of the gross
sale, what floor amount will be paid in case the sale is lower than the
threshold amount? You need to check the agreement minutely to get the
answer to all the questions.
- If the Franchise
Code of Conduct allows, any party can terminate the franchise agreement
for breach. The franchisor must inform the franchisee that they are in
breach and may suggest the best possible way to fix the breach and allow
the required time to complete that.
- In many retail
leases, the tenants are required to remain the business open as per the
law. However, depending on the present scenario, there are some businesses
like gym, swimming pool, or spa that are not allowed to operate and many
food joints only allow take away service. The consent of the landlord is
required to take any step in this matter.
- The payment and
salary of all the franchise staff is a huge issue that needs to resolve
after a prolonged discussion with both parties. You have to consider the
agreement and law to decide whether there will be paid or unpaid leaves
depending on the level of the employees.
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