The franchisee desires to purchase a franchise for the location described in the document. The company requires that the franchisee complete this questionnare in order to enable the company to confirm that it and its employees and representatives have fully complied with all applicable franchise registration and disclosure laws.
Indiana Franchisee Closing Questionnaire
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Multi-State
Control #:
US-9-01-STP
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Word;
Rich Text
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FAQ
Terminating a franchise agreement A franchisor or franchisee can try to end an agreement early, or before the term expires. The ways that an agreement may be ended, for both the franchisor and franchisee, must be set out in the franchise agreement. It must also be summarised in the disclosure document.
Mutual termination Terminating a franchise agreement may not always be a combative matter. If both parties are in agreement that the agreement should be terminated, then a request can be initiated and accepted by either party. An exit payment can be negotiated and a franchisor can also request to buy back the business.
Under most state laws, however, a franchisee who walks away from his franchise may be successfully sued by his franchisor for abandonment. Further, under many state laws, a franchisee who walks away from his franchise may forfeit some or all of the claims that he may have had against his franchisor.
After the franchise agreement is terminated, the franchisee will be required to pay any outstanding debt to the franchisor, stop using the franchisor's intellectual property, follow any non-disclosure agreements (protection of trade secrets, etc.), and return any property back to the franchisor.
Often, a franchisee will have to launch a legal proceeding to prove that he or she is legally entitled to rescission, and to legally prove the damages that he or she is seeking. The legal proceeding is typically pursued in court as a lawsuit.
Request for Early Termination The franchisor's response cannot simply be a refusal. Instead, they must specify why they are refusing your request, keeping in mind the obligation of acting in good faith. If the franchisor consents to your early termination, you should enter a deed of surrender and release.
Generally speaking, the answer is ?No.? Most franchisors do not give their franchisees the option to just walk away. Even if you wait until your franchise agreement expires, you may still be subject to various post-termination obligations.
A franchisor or franchisee can try to end an agreement early, or before the term expires. The ways that an agreement may be ended, for both the franchisor and franchisee, must be set out in the franchise agreement. It must also be summarised in the disclosure document.
There are at least a few options: (1) determine whether or not you have any leverage you can use against the franchisor so that it will allow you to exit the business; (2) sell the business to a third party or existing franchisee; (3) sell the business back to the franchisor; or (4) find out if the franchisor is ...
In addition, franchise agreements normally provide for the franchisor to have the right to terminate if the franchisee commits a breach of the same provision on more than two occasions in any 12-month period. The second situation arises at 'common law'.