Legal Question in Business Law in Georgia

Franchisor Obligations

I am planning on purchasing a franchise. I was wondering if there was a legal way to state: should the franchisor not meet our expectations (i.e. timely response to questions, creative differences) we hold the right to dissolve the relationship. Is that too broad? Its a deadline based business (magazine) and they will be doing graphics and printing in Miami. I am concerned, by past situations, that they will not provide us with the level of professional that we will need to be successful. Thanks so much!


Asked on 9/20/01, 3:57 pm

1 Answer from Attorneys
Jeff Kent Kent & Merritt, P.A.

Re: Franchisor Obligations

Generally, any conditions in a contract are negotiable. However, in the franchising situation, there are often cases where the franchising contract is pretty much set in stone from the franchisor's standpoint. If the franchisor agrees to your provision, there is no reason why you can't put it in the agreement. However, make sure that any such provision is drafted with enough specificity that a court construing the language will understand the provision down the road, if necessary.

The foregoing is general information only, not specific legal advice. Consult with your own attorney before taking legal action. No attorney/client relationship has been created or should be implied by anything contained herein.

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Answered on 11/06/01, 8:00 am


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