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  • Will You Add? - Termination of Franchise Agreements

    Business Credit Card Processing - The Benefits
    In developing a personal, home-based, or small community business, you may find that it will grow to the point that informal transactions are no longer advisable – this is where business credit card processing comes into the picture. You will need to upgrade your operational methods in order to provide customers with the highest quality of doing business with your company, which will undoubtedly include the benefits of business credit card processing.Some merchants prefer to keep accounts on a cash-only basis. They believe that money transactions can be handled more quickly and accurately than business credit card processing. However, what they do not take into account is the amount of manual labor and the potential for human error that typically accompany cash transactions. That is why, as your business grows, it may be time to invest in a credit card processing system.Inexpensive and easy to operate, a business credit card processing program will attract customers wh
    r just this purpose. The Franchisee will be liable to the Franchisor for reasonable attorney’s fees and court costs incurred by the Franchisor in any litigation related to this matter; or

    (e) immediately, if the Franchisee is convicted of, or pleads nolo contendere to, a felony, commits any criminal misconduct relevant to the operation of the franchise, a fraud, any act or crime involving moral turpitude, or any other crime or offense that Franchisor believes is likely to have an adverse effect on the System, the proprietary marks or the goodwill; or

    (f) immediately, if the Franchisee, after curing any default after notice and opportunity to cure, engages in the same noncompliance, whether or not corrected after notice; or

    (g) immediately, in the event the Franchisee

    Incentives to Help Your Business Save Money on your Energy Bills
    You’ve probably seen the adverts about businesses and energy efficiency. They usually concentrate on the environmental benefits – namely, if we use less energy, we pump less harmful gases into the environment. Obviously this is a worthy reason in itself. But, there are other motivations for businesses to monitor their energy usage and stop wastage – for instance, saving on bills.Paying less on energy bills brings immediate savings to the bottom line. According to the Carbon Trust, a 20% saving in energy usage – realistically achievable by most businesses – can have the same positive effect as a 5% increase in sales. And, the bonus: because saving energy does lead to a healthier environment, there are government incentives to make investment in energy efficiency more attractive.Carbon Trust loans The Carbon Trust is a non-for-profit company set up and funded by the government to help the UK meet its international climate change obligations.If yo
    Why would any franchisor want to terminate a franchisee who pays royalties into the system, assists the franchisor in extending his brand name and helps the franchise system gain market share, growth and profitability? Indeed all good points to the question; why? Well often a franchise outlet is under performing, undermining the system or not accomplishing those objectives.

    It is for this reason as a franchisor and often feeling more like a grandfather or coach, I had to come to terms with when it was time to sever the franchise relationship. I therefore put this clause into my franchise agreements;

    6. TERMINATION AND DEFAULTS

    6.1 Termination by Franchisor

    Franchisor may terminate the Franchise Agreement at the time indicated, if any of the following events occurs, each of which shall be deemed a default:

    (a) immediately, if the Franchisee or the Franchised Business is declared bankrupt or judicially determined to be insolvent, or all or a substantial part of the assets of the Franchisee or the Franchised Business are assigned to or for the benefit of any creditor, or the Franchisee admits its inability to pay its debts as they come due, or the Franchised Business is seized, taken over, or foreclosed by a governmental official in the exercise of his duties, or seized, taken over, or foreclosed by a creditor, lienholder or lessor, provided that a final judgement against the Franchisee remains unsatisfied for thirty (30) calendar days (unless an appeal bond has been filed), or if a levy of execution has been made upon the license granted by this Agreement or upon any property used in the Franchised Business and is not discharged within five (5) business days; or

    (b) immediately, if the Franchisee abandons the Franchised Business by failing to operate the Franchised Business for five (5) consecutive calendar days during which the Franchisee is required to operate a business under the terms of this Agreement or any shorter period after which it is not unreasonable under the facts and circumstances for Franchisor to conclude that the Franchisee does not intend to continue to operate the Franchised Business, unless such failure to operate is due to fire, flood, earthquake or other similar causes beyond the Franchisee’s control; or

    (c) immediately, if the Franchisor discovers that the Franchisee has made any material misrepresentations to the Franchisor relating to the acquisition of the Franchised Business; or

    (d) immediately, if the Franchisee is a competitor of the Franchisor or a competitor of an affiliate of the Franchisor or a competitor of any sister or co-brand company of the Franchisor or a competitor of a vendor of the Franchisor. In such case the Franchisee will be terminated, the Franchisee will forfeit their mobile truck/unit(s) and their associated equipment which will be transferred to other Franchisees to assist with community fundraiser events and the Franchisee will be required to pay a misrepresentation penalty of five (5) times the franchise fee to the Franchisor that will be distributed to charitable organizations so designated by a Franchisee committee convened for just this purpose. The Franchisee will be liable to the Franchisor for reasonable attorney’s fees and court costs incurred by the Franchisor in any litigation related to this matter; or

    (e) immediately, if the Franchisee is convicted of, or pleads nolo contendere to, a felony, commits any criminal misconduct relevant to the operation of the franchise, a fraud, any act or crime involving moral turpitude, or any other crime or offense that Franchisor believes is likely to have an adverse effect on the System, the proprietary marks or the goodwill; or

    (f) immediately, if the Franchisee, after curing any default after notice and opportunity to cure, engages in the same noncompliance, whether or not corrected after notice; or

    (g) immediately, in the event the Franchisee

    How Do People Know You're in Business?
    One of the most important things to do now that you’ve started a business is to TELL THE WORLD! But HOW? It can be very expensive and time consuming if not done properly. Here's some inexpensive publicity and marketing ideas to help you get recognition for your new venture.You've picked a great name for your company, made a list of your potential clients, incorporated your business and you're ready to go. What next? Well, you need to find as many ways as possible to tell people you're in business, and why they should do business with you!One of the first things to do is to get business cards printed up and carry them wherever you go. Hand them out to everyone you know. It always amazes me how many people forget to give their cards to friends and family. Even if you “think” your family knows what you do – you might be surprised to find out how little they really do know. Besides, they may have a friend who needs exactly what you offer, and it’s much more professional
    urs, each of which shall be deemed a default:

    (a) immediately, if the Franchisee or the Franchised Business is declared bankrupt or judicially determined to be insolvent, or all or a substantial part of the assets of the Franchisee or the Franchised Business are assigned to or for the benefit of any creditor, or the Franchisee admits its inability to pay its debts as they come due, or the Franchised Business is seized, taken over, or foreclosed by a governmental official in the exercise of his duties, or seized, taken over, or foreclosed by a creditor, lienholder or lessor, provided that a final judgement against the Franchisee remains unsatisfied for thirty (30) calendar days (unless an appeal bond has been filed), or if a levy of execution has been made upon the license granted by this Agreement or upon any property used in the Franchised Business and is not discharged within five (5) business days; or

    (b) immediately, if the Franchisee abandons the Franchised Business by failing to operate the Franchised Business for five (5) consecutive calendar days during which the Franchisee is required to operate a business under the terms of this Agreement or any shorter period after which it is not unreasonable under the facts and circumstances for Franchisor to conclude that the Franchisee does not intend to continue to operate the Franchised Business, unless such failure to operate is due to fire, flood, earthquake or other similar causes beyond the Franchisee’s control; or

    (c) immediately, if the Franchisor discovers that the Franchisee has made any material misrepresentations to the Franchisor relating to the acquisition of the Franchised Business; or

    (d) immediately, if the Franchisee is a competitor of the Franchisor or a competitor of an affiliate of the Franchisor or a competitor of any sister or co-brand company of the Franchisor or a competitor of a vendor of the Franchisor. In such case the Franchisee will be terminated, the Franchisee will forfeit their mobile truck/unit(s) and their associated equipment which will be transferred to other Franchisees to assist with community fundraiser events and the Franchisee will be required to pay a misrepresentation penalty of five (5) times the franchise fee to the Franchisor that will be distributed to charitable organizations so designated by a Franchisee committee convened for just this purpose. The Franchisee will be liable to the Franchisor for reasonable attorney’s fees and court costs incurred by the Franchisor in any litigation related to this matter; or

    (e) immediately, if the Franchisee is convicted of, or pleads nolo contendere to, a felony, commits any criminal misconduct relevant to the operation of the franchise, a fraud, any act or crime involving moral turpitude, or any other crime or offense that Franchisor believes is likely to have an adverse effect on the System, the proprietary marks or the goodwill; or

    (f) immediately, if the Franchisee, after curing any default after notice and opportunity to cure, engages in the same noncompliance, whether or not corrected after notice; or

    (g) immediately, in the event the Franchisee

    Vocabulary of Consignment Thrift Shops
    Before sticking your head into one of the many consignment thrift shops around, there are some words and phrases that can be good to have defined. Many times people are confused by terms such as consignment, thrift and resale. What is the difference. Lets take a look at that.One could argue that all shops that sell more or less used consumer goods are resale shops, but it is possible to clarify the distinctions here. A thrift shop is owned by a not for profit organisation. A consignment shop takes your merchandise and when it is sold you receive usually between 40-60% of the sales price. The so called resale shops on the other hand often buy the goods straight up front from the original owner, then sell it.Lets look at some more terminology that will most likely prove itself useful when you enter consignment and thrift shops.A closeout means liquidated merchandise that the wholeseller is no long manufacturing and therefore is interested in selling for a smaller
    by this Agreement or upon any property used in the Franchised Business and is not discharged within five (5) business days; or

    (b) immediately, if the Franchisee abandons the Franchised Business by failing to operate the Franchised Business for five (5) consecutive calendar days during which the Franchisee is required to operate a business under the terms of this Agreement or any shorter period after which it is not unreasonable under the facts and circumstances for Franchisor to conclude that the Franchisee does not intend to continue to operate the Franchised Business, unless such failure to operate is due to fire, flood, earthquake or other similar causes beyond the Franchisee’s control; or

    (c) immediately, if the Franchisor discovers that the Franchisee has made any material misrepresentations to the Franchisor relating to the acquisition of the Franchised Business; or

    (d) immediately, if the Franchisee is a competitor of the Franchisor or a competitor of an affiliate of the Franchisor or a competitor of any sister or co-brand company of the Franchisor or a competitor of a vendor of the Franchisor. In such case the Franchisee will be terminated, the Franchisee will forfeit their mobile truck/unit(s) and their associated equipment which will be transferred to other Franchisees to assist with community fundraiser events and the Franchisee will be required to pay a misrepresentation penalty of five (5) times the franchise fee to the Franchisor that will be distributed to charitable organizations so designated by a Franchisee committee convened for just this purpose. The Franchisee will be liable to the Franchisor for reasonable attorney’s fees and court costs incurred by the Franchisor in any litigation related to this matter; or

    (e) immediately, if the Franchisee is convicted of, or pleads nolo contendere to, a felony, commits any criminal misconduct relevant to the operation of the franchise, a fraud, any act or crime involving moral turpitude, or any other crime or offense that Franchisor believes is likely to have an adverse effect on the System, the proprietary marks or the goodwill; or

    (f) immediately, if the Franchisee, after curing any default after notice and opportunity to cure, engages in the same noncompliance, whether or not corrected after notice; or

    (g) immediately, in the event the Franchisee

    Developing Winners - Creating an Outstanding Foundation
    There are four major skill sets that can create a valuable foundation for any career path. To date, they are typically treated as “add-ons” to a major development training, such as leadership or sales, or minor development that result in a “nice to have” four hour information seminar.By creating a paradigm shift in our focus and understanding that if we developed these areas in each individual, we would create an outstanding baseline in all sectors of the business. These applied skills can be applied in any position, providing a quantum leap in effectiveness of our employees, and add clarity to advancement decision making.These four Foundation Development processes are:Time ManagementStress ManagementEffective CommunicationGoal Getting Time Management The fact is that there are 7 days in a week, 24 hours in a day and 60 minutes in an hour. This will not change no matter how much we think we could use
    terial misrepresentations to the Franchisor relating to the acquisition of the Franchised Business; or

    (d) immediately, if the Franchisee is a competitor of the Franchisor or a competitor of an affiliate of the Franchisor or a competitor of any sister or co-brand company of the Franchisor or a competitor of a vendor of the Franchisor. In such case the Franchisee will be terminated, the Franchisee will forfeit their mobile truck/unit(s) and their associated equipment which will be transferred to other Franchisees to assist with community fundraiser events and the Franchisee will be required to pay a misrepresentation penalty of five (5) times the franchise fee to the Franchisor that will be distributed to charitable organizations so designated by a Franchisee committee convened for just this purpose. The Franchisee will be liable to the Franchisor for reasonable attorney’s fees and court costs incurred by the Franchisor in any litigation related to this matter; or

    (e) immediately, if the Franchisee is convicted of, or pleads nolo contendere to, a felony, commits any criminal misconduct relevant to the operation of the franchise, a fraud, any act or crime involving moral turpitude, or any other crime or offense that Franchisor believes is likely to have an adverse effect on the System, the proprietary marks or the goodwill; or

    (f) immediately, if the Franchisee, after curing any default after notice and opportunity to cure, engages in the same noncompliance, whether or not corrected after notice; or

    (g) immediately, in the event the Franchisee

    Nigerian Bank Applies To Raise Funds From Capital Market
    First Bank applies to raise N99.3bn from capital marketFirst Bank of Nigeria Plc on Tuesday began the process of raising fresh funds from the market with an application to the Nigerian Stock Exchange. The bank applied to offer 1.6billion ordinary shares of 50 kobo each to be sold at N33 per share for public subscription and 1.5billion ordinary shares of 50 kobo each at N31 per share as Rights Issue to existing shareholders.As a result of the application, the NSE has placed the share price of First Bank on technical suspension at N40.40 per share. This implies that throughout the period of the offer, trading in the shares on the floor of the exchange would be done at N40.40.Besides, prospective subscribers to the public offer at N33 would be enjoying a discount of N7.40, while investors that would be exercising their rights at N31 per share would be doing so at a discount of N9.40 since the current market price is N40.40.The bank is expected to realise gro
    r just this purpose. The Franchisee will be liable to the Franchisor for reasonable attorney’s fees and court costs incurred by the Franchisor in any litigation related to this matter; or

    (e) immediately, if the Franchisee is convicted of, or pleads nolo contendere to, a felony, commits any criminal misconduct relevant to the operation of the franchise, a fraud, any act or crime involving moral turpitude, or any other crime or offense that Franchisor believes is likely to have an adverse effect on the System, the proprietary marks or the goodwill; or

    (f) immediately, if the Franchisee, after curing any default after notice and opportunity to cure, engages in the same noncompliance, whether or not corrected after notice; or

    (g) immediately, in the event the Franchisee attempts to transfer any interest in the Franchisee of the Franchised Business in violation of Section 5; or

    (h) immediately, in the event that the Franchisee violates the provisions of Section 3.19 or 3.20 hereof;

    (i) immediately, in the event that the Franchisee does not notify Franchisor of Franchisee change or discontiuance of use of address or change of telephone number or change of e-mail account address within fifteen (15) calendar days of such change; or

    (j) immediately, in the event that the Franchisee fails to perform the required car wash fundraisers or community service projects; or

    (k) immediately, in the event that the Franchisee operates the Franchise in a manner that creates an imminent danger or threat to public health or safety; or

    (l) upon ten (10) calendar days’ written notice to Franchisee of its failure to pay any fees or other amounts due to Franchisor, any affiliate of Franchisor or any other Franchisee that is not cured within such ten day period; or

    (m) upon thirty (30) calendar days after notification to Franchisee of noncompliance with any national, federal, state or local law or regulation applicable to the operation of the Franchised Business unless cured within such period; or

    (n) upon thirty (30) calendar days after notification to Franchisee of failure to secure and maintain in force all required licenses, insurance, permits, registrations and certificates relating to the operation of the Franchised Business, or failure to operate said business in full compliance with all applicable laws, ordinances and regulations, including, without limitation, all government regulations relating to occupational hazards and health and environmental regulations, worker’s compensation insurance, unemployment insurance, withholding and payment of national and state local income taxes, social security taxes and sales taxes or fail to maintain liability insurance; or

    (o) upon thirty (30) calendar days’ written notice to Franchisee of any failure of Franchisee to perform any obligation under this Agreement that is not cured within such thirty day period; or

    (p) upon thirty (30) calendar days after notification to Franchisee of failure to have sufficient supplies to meet customer demand; or

    (q) upon thirty (30) calendar days after notification to Franchisee of failure to hire and maintain sufficient staff in order to handle customer volume at all times; or

    (r) upon thirty (30) calendar days after notification to Franchisee of failure to pay your employees and staff the required wage described in Section 3.5, or

    (s) prior to the opening of the Franchised Business, if Franchisee or any of its designated employees fails to complete the initial training program described in Section 4.1.5 to the satisfaction of Franchisor; or

    (t) upon ninety (90) calendar days’ written notice from the date hereof, if Franchisee does not secure premises for and commence the operation of the first Location for the Franchised Business within such period; or

    (u) immediately at any time following one hundred eighty (180) calendar days from the date of this Ag

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