With the success of the franchise, however, the partnership agreement, which seemed reasonable at first, sometimes seems to weigh on the franchisee. The franchisee, whose hard work has allowed him to create a niche of profitability, sees the payment of franchise fees as a restriction on this profitability. The franchisee, who has learned a system and reaps its benefits, wonders if his new knowledge of the business could allow him to prosper more as an independent. The status, success, name and product seem brighter for an independent businessman or as a franchisee under different conditions. [FN9] As noted above, some states require certain conditions of termination or non-renewal, while others require written notification within a specified period of time before the deed. Other states need a real way to cure a failure before they resign. You need to know if you have extension/rights options and how to exercise them properly. You must also ensure that you know the dates of your term of office and your actual material renewal rights. If you do not understand this information, it can lead to the end of the term without you noticing it and your right to renew is not lost. The language of your contract ultimately determines your protection and whether you are able to prevent termination and keep your business.
Franchise termination cases are familiar ground for experienced franchise lawyers. The complaint generally relates to termination of the franchise agreement, the application of a non-compete agreement, damages and claims for omission in the event of trademark infringement, damages for outstanding amounts under the franchise agreement, and a tally for sales that have not been reported to the franchisor. Once the franchisee has ceased operations, the centre of gravity of the case will be significantly reduced. These cases may simply include the recovery of amounts incurred under the franchise agreement, including legal fees, fees, payments to third parties, lease payments and all amounts incurred under a mention. In preparing these infringement cases, the franchisor often seeks remedies that put its customers in the position they would have occupied if the franchisees had not fulfilled their contractual obligations until the time of termination. However, by limiting potential damages, legal counsel may ignore a significant portion of the damage suffered by franchisors as a result of the early termination of franchise agreements – «waiting damages» in the form of future royalty losses. The timing is almost everything in the light of an illegal termination of the franchise. History shows that many illegitimate layoffs are predictable and preventable. In most termination cases, franchisors, suppliers and manufacturers will first send late payment or warning letters of a type in which they will attempt to set up franchisees and distributors for further termination. What complicates matters further is that there is often no rhyme or reason for unlawful termination; in these cases, the franchisor does not support or operate. The location is simply abandoned.
Most franchise publication documents indicate that the franchise agreement that the franchisee must sign cannot be terminated without «good reason.» However, as franchising has evolved over the years, franchise agreements now impose so many obligations on franchisees and contain so many «automatic termination triggers» that it is not really possible to say that a contract cannot be terminated except for «good reason.» Franchise agreements are designed to give franchisors as much leeway as possible in franchise relationships. The agreements make it more likely that the franchisee will violate a clause of the agreement at some point, so that the franchisor can legally terminate the contract or not renew it at the end of the period.