Business e-Book Collection August 2013 | Page 12

Follow your Franchise Agreement A lawyer friend said to me just the other day “Most cases of mediation could be avoided if only the parties stuck to the Franchise Agreement.” Your Franchise Agreement is the legal instrument that creates a contractual relationship between you and your Franchisor. Following its requirements is a necessity so that you hold up your end of the bargain. What does that actually mean? Franchise Agreements have traditionally been (and are likely ever to be) weighted in the Franchisor’s favour. When you sign the Franchise Agreement, you agree to follow the business format of the franchise. That is, the operations, training, controls, systems, procedures, advertising, marketing, supervisory and organisational parts of your business are likely to be governed by the Franchisor. There’s no need to get antsy about this – while you are putting your hard earned dollars into the franchise, the Franchisor is putting their hard earned dollars PLUS the entire reputation of their company in your hands. You can only expect there to be some conditions! You, as the Franchisee, are responsible for making sure that you follow the program. While the Franchisor may have mechanisms in place to monitor the performance of your outlet, you are the one who needs to set things in motion at the very beginning to make sure you are following the business format. Don’t ever let your Franchisor tell you not to worry about a specific condition of your agreement. If it’s in there, worry about it. I know of a Franchisor who never requested financial statements from their Franchisees, then suddenly decided one day that they needed them. Franchisees were asked to provide all financials going back to the start of their franchises. Annoying? Yes, and all the more so because, at the beginning of the relationship, the Franchisor told them “Oh, yeah, don’t worry about those. We never look at them.” The relationship between the Franchisor and Franchisees suffered harm from that