HOW TO NEGOTIATE A FRANCHISE TRANSACTION

Beyond due diligence, we help franchise buyers understand the franchise agreement that will control their business lives for years to come. Only attorneys well versed in franchise matters can accurately explain the unique obligations of a franchisee and the nature of the franchisor-franchisee relationship.

Not Negotiable?
Franchisors usually tell prospective franchisees that the franchise agreement is “not negotiable.” However, that is almost never the case. We help you understand what needs to be changed through negotiation and help you deal with the franchisor’s resistance to negotiation.

This is a process that requires experience in the franchise industry. Things that even an experienced business attorney might think unfair are standard provisions in franchise agreements. We can help you understand why. Some onerous terms can’t be negotiated because of the unique relationship of franchisee to franchisor, but we will also make sure that you understand why.

Get the Right Terms and Conditions
Recognizing the terms and conditions that are not typical and that need changing is also critical. Franchisors confronted with requested changes to the franchise agreement are usually receptive if the negotiations are focused on contract terms that are unfair or on changes that do not undermine the franchisor’s ability to police the franchisee’s performance and to collect its royalties. Working with an advisor experienced in franchising is invaluable.

Once the franchise agreement is signed it is too late. Spend the time now to make the relationship one you can live with for years to come. The lawyers at Kern & Hillman, LLC are available to make sure you get the right agreement for your franchise business.

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