In an attempt to diversify his interests, Allen said the franchise agreement
with Domino's was an ideal opportunity.
It is also important to the franchisor to have the selling franchisee sign a general release stating that no claims or disputes exist for the period their franchise agreement
was in effect.
In either event, the default notice should refer to the specific section of the franchise agreement
that provides for the default, give the factual details that led to the default, warn of Lanham Act infringement if franchisor trademarks are used after termination, provide notice that all post-termination obligations in the franchise agreement
must be followed, state that none of the franchisor's rights or remedies regarding any other obligations under the franchise agreement
have been waived and be sent pursuant to the notice provision in the franchise agreement
Initially, one can take a definitive stance that no changes will be made to the franchise agreement
once the disclosure is given.
The amendments to the law have caused all franchisors to review the form of franchise agreement
used in Mexico, as well as the procedures and time involved in the execution of franchise agreements
(including compliance of the disclosure obligation), in order to make them adequate to the new provisions of law, which duly interpreted and reflected by skilled local counsel should not represent a barrier for franchisors and franchisees to continue with the expansion of their business in Mexico.
if the franchisee becomes bankrupt, the trustee in bankruptcy may be able to disclaim the franchise agreement
, leaving the franchisor in the position of being an unsecured creditor for the monies owing, and in respect of any damage claims it may have for default under the franchise agreement
The law also contains a two-prong disclosure requirement--disclosures that must be expressly included in the franchise agreement
and those that must be included as "addenda" to the agreement.
Although sophisticated and highly motivated, many potential Kumon franchisees have not previously encountered a franchise agreement
or invested in their own business.