As attorneys, we protect our clients with the contracts we write, the clauses we negotiate, and the words we choose. However, words are not magic and not the end of the discussion in any legal analysis or dispute. The words are a road map and documentation of what the parties intended the legal relationship to be, but they aren’t the “last word,” so to speak, in most instances. By Tom Spadea
I was asked by a franchisor client the other day what they should do if they had three good candidates for the same territory. What a great problem to have for sure, and in fact I wouldn’t even really define it as a problem. By Tom Spadea
Seems like a simple enough question. However, I think many franchisors forget they are in two businesses. One is the underlying subject matter expert on the service provided to consumers, such as a restaurant, gym, roofing, etc. But the second, and increasingly more important, as your system grows, is the business of franchising. By Tom Spadea
It’s that time of year again when most franchisors are starting to finalize their FDD and think about how to show their 2020 unit level results in their Item 19. I have been asked this question by enough clients over the last few months that I thought it made sense to share our perspective. For starters, Covid-19 didn’t impact franchisors equally. By Tom Spadea
I might be dating myself by recalling the anti-drug ads from the ‘80s and trying to relate them to franchising. The relevancy in my mind comes from the fact that restraint and saying no to something that feels good in the near term but will cause long term pain is much easier said than done. By Tom Spadea
As we immerse ourselves in this renewal season, franchisors have an opportunity to rethink and rework sections that may be holding them back in the short term and costing them in the long term. By Tom Spadea