Franchise law has long characterized franchise agreements as adhesion contracts (see, Ticknor v. Choice Hotels Int'l, 265 F.3d 931 (9th Cir. 2001) (Montana law); Bolter v. Superior Court, 87 Cal.
Observations on Negotiating Franchise Agreements in Today's Legal Environment
Franchise law has long characterized franchise agreements as adhesion contracts (<i>see, Ticknor v. Choice Hotels Int'l</i>, 265 F.3d 931 (9th Cir. 2001) (Montana law); <i>Bolter v. Superior Court</i>, 87 Cal. App. 4th 900 (2001) (California law)). While no empirical data exist on the percentage of franchisors that will negotiate the terms of their franchise contract with prospective franchisees, it is fair to conclude that they remain a minority. To start the pre-sale disclosure process, a franchisor must present a prospect with the terms of its bona fide offer for the sale of a franchise. Frequently, these are the only terms the franchisor is prepared to accept.
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Rochelle B. Spandorf And Beata KrakusThis premium content is locked for LawJournalNewsletters subscribers only
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