Writen by Bradley Hansen
Imagine that you have operated a successful franchise business for the past several years. Your franchise agreement’s term expires in the near future and you are contemplating whether renewing the agreement would be a wise business decision. In the past couple of years it has become all too apparent that you are receiving little, if any, benefit or assistance from your franchisor. Yet, you continue to pay the franchisor thousands of dollars each year in royalties and other fees. You therefore decide that it would make better “business sense” to operate independently after expiration of your franchise term. After all, you are very familiar with the business and have worked extremely hard in developing and establishing a solid client base to enable you to continue running a profitable and prosperous operation.
After your franchise term expires, you continue contacting and providing services for new and former clients ? albeit under a different business name. Shortly thereafter you receive a “cease and desist” letter from your former franchisor notifying you that you are in breach of your post-term covenant not to compete and could face court proceedings, including injunctive relief, if you do not immediately turn over all of your client and business records and stop operating from your current location.
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December 24th, 2008
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