This memorandum analyzes the draft Krispy Kreme franchise agreement to identify provisions that could expose the company to liability for franchisee acts and recommend modifications. Provisions requiring compliance with operations manuals and allowing inspections are high risk for establishing actual agency. Language around quality standards and inspections could be clarified. Indemnity clauses and signs notifying customers of independent ownership effectively insulate Krispy Kreme from apparent agency claims by customers. Adding a requirement for franchisees to name Krispy Kreme as an insured would further protect the company without creating liability.
Lessons and Best Practices in Starting a Food BusinessHomer Nievera, CDE
This document provides lessons and best practices for starting a food business. It discusses why the author got into the food business, noting that food is a sustainable business model and lifestyle changes are increasing food preferences. It also discusses how the author got into it, highlighting the need to specialize and understand the target market. The document emphasizes the importance of benchmarking competitors, innovating while building on existing concepts, managing costs while maintaining quality, and striving to build a great brand that keeps customers loyal.
Looking for Broadcast Media Resources? BoB's your uncle!Chris Willmott
These slides were used by Sandy Willmott (University of Lincoln) to introduce delegates at the Making the Most of Broadcast Media to the exciting potential of Box of Broadcast. BoB allows staff and students at subscribing universities to record programmes and to easily pick out clips of particular interest for their teaching and/or learning. In this way it becomes possible to produce "viewing lists" that might accompany "reading lists". This could prove useful in contributing to a "flipped classroom" model of teaching.
International Business Couse presentationdcaballeros
The document discusses strategies for competing in the global marketplace. It outlines five main topics: 1) intro to international business concepts; 2) differences in political, cultural, and economic systems across countries; 3) theories of international trade and investment; 4) foreign exchange and monetary systems; 5) strategies for entering foreign markets and competing globally. The document provides an overview of each topic and breaks it into multiple sub-sections with short descriptions and point values for questions.
1. The document proposes plans to improve the sustainability and livability of Kajang, Malaysia through various initiatives such as upgrading public transportation to utilize electric trams, improving walkability, increasing green spaces, beautifying rivers, implementing sustainable drainage and wastewater treatment, utilizing district cooling from rivers, and improving waste management.
2. Key projects mentioned include relocating old buildings, developing a sustainable transportation system using electric trams powered by municipal waste, and treating wastewater in plants to produce biogas and recover heat for domestic use.
3. The vision is to create a healthier, greener, and more beautiful Kajang by addressing issues of climate change, environment, and sustainability.
Lessons and Best Practices in Starting a Food BusinessHomer Nievera, CDE
This document provides lessons and best practices for starting a food business. It discusses why the author got into the food business, noting that food is a sustainable business model and lifestyle changes are increasing food preferences. It also discusses how the author got into it, highlighting the need to specialize and understand the target market. The document emphasizes the importance of benchmarking competitors, innovating while building on existing concepts, managing costs while maintaining quality, and striving to build a great brand that keeps customers loyal.
Looking for Broadcast Media Resources? BoB's your uncle!Chris Willmott
These slides were used by Sandy Willmott (University of Lincoln) to introduce delegates at the Making the Most of Broadcast Media to the exciting potential of Box of Broadcast. BoB allows staff and students at subscribing universities to record programmes and to easily pick out clips of particular interest for their teaching and/or learning. In this way it becomes possible to produce "viewing lists" that might accompany "reading lists". This could prove useful in contributing to a "flipped classroom" model of teaching.
International Business Couse presentationdcaballeros
The document discusses strategies for competing in the global marketplace. It outlines five main topics: 1) intro to international business concepts; 2) differences in political, cultural, and economic systems across countries; 3) theories of international trade and investment; 4) foreign exchange and monetary systems; 5) strategies for entering foreign markets and competing globally. The document provides an overview of each topic and breaks it into multiple sub-sections with short descriptions and point values for questions.
1. The document proposes plans to improve the sustainability and livability of Kajang, Malaysia through various initiatives such as upgrading public transportation to utilize electric trams, improving walkability, increasing green spaces, beautifying rivers, implementing sustainable drainage and wastewater treatment, utilizing district cooling from rivers, and improving waste management.
2. Key projects mentioned include relocating old buildings, developing a sustainable transportation system using electric trams powered by municipal waste, and treating wastewater in plants to produce biogas and recover heat for domestic use.
3. The vision is to create a healthier, greener, and more beautiful Kajang by addressing issues of climate change, environment, and sustainability.
This is an easy to understand step by step presentation of the different food carts you can choose from to begin your franchise business.
Go through the slide and spend time to read and understand the differences in each food cart concept and choose the one that fits your business goals, location and budget.
For more information, please do not hesitate to contact us anytime. Our contact details are found at the last slide of this presentation.
Thank you for the time and good luck on your business venture.
- Jordan Nicholas Pizarro
The J.CO Donuts website provides information about its products through pictures and descriptions that are displayed when various image buttons on the homepage are clicked. The website utilizes bright colors and images to showcase their selection of donuts, coffee, sandwiches, and frozen yogurt. It also contains links to their social media pages and features for customers to provide contact information or learn about franchising. The website aims to create a positive customer experience and provide convenience by clearly presenting their product offerings online. J.CO targets customers seeking unique food and beverage options through their consistent branding across online and offline channels.
The document outlines a business plan proposal for Gen Y Trading Sdn Bhd, a company that produces and sells keropok leko. The plan discusses the company objectives, management team, location, production details, costs, sales forecasts and competition analysis. Gen Y Trading aims to provide quality halal snacks, expand internationally and capture 33% of the local keropok market share. The summary provides an overview of the key points discussed in the business plan proposal.
25 Years of Baking Goodness by The French Baker, by Johnlu Koa of French BakerHomer Nievera, CDE
Johnlu Koa, CEO of French Baker, shares his company's 25-year experience in the food industry in his presentation 25 Years of Baking Goodness by The French Baker.
The Chatime Indonesia mobile app allows users to view menu items, promotions, and loyalty programs for Chatime stores in Indonesia. The app also includes a sign in/sign up feature for user profiles, store maps and locations, and contact information. Users can place orders for delivery or pick up through the app.
Chatime is a Taiwanese bubble tea franchise founded in 2005 with over 800 outlets globally including over 100 in Indonesia. The report summarizes an observation of Chatime outlet 1B in Bandung, Indonesia. It describes Chatime's products, pricing, promotions, operations, employees, strengths as a unique tea and coffee brand with fast service, weaknesses as having high prices and limited seating, and opportunities to expand its location for more customers. Threats include potential decreased customers without food innovation or complaints on social media.
FellowBuddy.com is an innovative platform that brings students together to share notes, exam papers, study guides, project reports and presentation for upcoming exams.
We connect Students who have an understanding of course material with Students who need help.
Benefits:-
# Students can catch up on notes they missed because of an absence.
# Underachievers can find peer developed notes that break down lecture and study material in a way that they can understand
# Students can earn better grades, save time and study effectively
Our Vision & Mission – Simplifying Students Life
Our Belief – “The great breakthrough in your life comes when you realize it, that you can learn anything you need to learn; to accomplish any goal that you have set for yourself. This means there are no limits on what you can be, have or do.”
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strategic management - krispy kreme, is turnaround possible?Ogochukwu Oguamanam
Krispy Kreme experienced rapid growth from 2001-2004 through an aggressive expansion strategy of company-owned stores and franchising. However, from 2005 they began to decline as this strategy was no longer effective. A SWOT analysis reveals strengths in brand awareness but weaknesses in management and financial practices. While their business model of generating revenue through company stores, franchising and product sales was solid, poor strategic decisions like numerous acquisitions failed. Given declining sales and increasing competition, Krispy Kreme's growth prospects as of 2005 appeared bleak unless major issues like weak leadership, over-expansion and adapting to consumer trends were addressed.
This document outlines an architecture internship report. It includes an introduction describing the purpose of the internship training and the working environment at Paradigm Architects. The intern worked on several projects including designing a gazebo, recreational center, and producing working drawings for a gazebo. Through these projects, the intern gained experience with software like SketchUp and AutoCAD, learned about following building by-laws, and improved documentation skills needed in an architectural firm.
Wendy's social media strategy aims to increase sales and engagement by gaining more followers and sharing more engaging content. Key objectives include increasing website traffic from social media by 35% and growing followers on Twitter, Instagram, and Facebook by 3% over 5 months. The strategy involves increasing visual posts, monitoring keywords, and partnering with celebrities to appeal to younger demographics. Social media roles, guidelines, and a response plan are also outlined.
Krispy Kreme faced financial difficulties due to overexpansion, rising costs, and increased competition. The document analyzes Krispy Kreme's finances, operations, and competitive environment. It identifies critical issues such as high debt levels and poor franchisee relations. Three alternatives are proposed: close underperforming stores and focus on new markets; diversify products and branding; or introduce themed and special occasion doughnuts to attract new customers.
The document lists and briefly describes 15 popular foods in Malaysian cuisine, including char kway teow (fried flat noodles), popiah (fresh spring rolls), roti canai (flatbread), bubur cha cha (sweet coconut dessert), satay (meat skewers with peanut sauce), and nasi lemak (rice steamed in coconut milk served with sambal, peanuts, egg and cucumber). It provides a 1-2 sentence description of each dish to highlight the variety and flavors of Malaysian cuisine.
The document discusses strategic factors for Wendy's, including opportunities like global expansion, mass customization, and upscale boutique stores. Threats include commoditization, consumer concerns about nutrition, and potential government actions. Key external factors are analyzed, including rivalry among competitors, customer power, substitutes, new entrants, supplier power, and complementor power. The document also evaluates Wendy's value chain, value net, critical success factors, and competitive positioning relative to other major fast food brands.
This document provides an overview and marketing analysis of J.CO Donuts & Coffee's operations in Malaysia. It begins with background information on J.CO including its origins in Indonesia and current store locations. An analysis of J.CO's market environment in Malaysia is then presented, including market segmentation, competitors, and SWOT analysis. Objectives, issues, and marketing strategies like product pricing and franchise expansion are also summarized. Financial projections for annual donut and coffee sales and profits are included.
This document provides an overview of Krispy Kreme's business operations. It discusses the company's history starting in 1937, periods of growth and expansion throughout the US and internationally, and challenges it faced such as accounting scandals and store closures in various markets. The document also describes Krispy Kreme's main business segments including company-operated stores, franchise fees and royalties, and its vertically integrated supply chain.
This business plan is for a partnership called Steamboat Leleh Restaurant. The restaurant will be located in Shah Alam, Selangor and will offer a buffet-style steamboat concept. It will seat 40 customers and project monthly sales of RM42,000 with 250 customers per month spending an average of RM28 each. Total start-up costs are RM54,371, with RM5,437 contributed by the partners and a RM48,934 bank loan over 7 years at 5% interest. The 5 partners each contribute RM1,087.50 in capital. The plan outlines the restaurant concept, market analysis, management structure, financial projections, and partnership agreement.
The business plan outlines Kitty Zone Cat Shop, a partnership pet shop business located in Mukah, Sarawak. The plan provides details on the company name and ownership structure, initial capital contribution, target market analysis, marketing strategies, operations plan, and personnel requirements. The key points are that Kitty Zone aims to be a leading pet shop in the region by providing high quality products, services, and customer satisfaction to capture 50% of the estimated RM908,368 pet market in Mukah.
Bahulu's House is a partnership between 5 individuals that produces traditional Malaysian cakes called bahulu. The business is located in Kuala Lumpur and produces colorful bahulu in various shapes and fillings to attract customers. The partners have invested a total of RM250,000 in capital, with RM50,000 contributions from each, and a RM50,000 loan from Bank Islam. The business plan outlines the product, goals to promote bahulu and make it a popular Malaysian tradition, and profiles of the partners and their roles in the company.
The document provides details about a business plan for a siomai business called Mr. Siomai. It includes an executive summary, product description, costs, capital share structure, marketing plan, production plan, financial plan and sustainability discussion. The business aims to provide affordable and nutritious siomai products to students. It projects sales of P9,000 in the first year, growing to P17,250 in the second year and P50,000 in the third year as it expands its product offerings and target markets.
1) Franchising is a business model where a franchisor allows a third party (franchisee) to use its brand name and business model in exchange for fees. This allows franchisees to benefit from an established brand while providing a level of quality and consistency.
2) Currently, Nigeria does not have specific franchising legislation but some laws like NOTAP can affect franchising agreements involving foreign companies. Proper franchising regulation would help protect franchisees and unleash entrepreneurship in Nigeria.
3) Other countries like the US and South Africa have enacted laws to better regulate franchising agreements and protect franchisees. Nigeria could similarly enact laws providing disclosure requirements and cooling off periods to foster fair franchise agreements.
This document discusses contractual obligations that companies take on to notify customers and pay costs associated with a data breach when working with third party vendors. There are two common types of obligations: 1) To make the client company whole for any costs associated with a breach, including notification and credit monitoring. However, insurance policies may not cover all costs and the vendor loses negotiating power. 2) To directly notify customers on behalf of the client company. But most policies only cover notification required by law, not contracts. Not all policies cover costs associated with contractual notification obligations. Insureds need to carefully review policies and obligations to ensure coverage aligns with contractual responsibilities in the event of a breach.
This is an easy to understand step by step presentation of the different food carts you can choose from to begin your franchise business.
Go through the slide and spend time to read and understand the differences in each food cart concept and choose the one that fits your business goals, location and budget.
For more information, please do not hesitate to contact us anytime. Our contact details are found at the last slide of this presentation.
Thank you for the time and good luck on your business venture.
- Jordan Nicholas Pizarro
The J.CO Donuts website provides information about its products through pictures and descriptions that are displayed when various image buttons on the homepage are clicked. The website utilizes bright colors and images to showcase their selection of donuts, coffee, sandwiches, and frozen yogurt. It also contains links to their social media pages and features for customers to provide contact information or learn about franchising. The website aims to create a positive customer experience and provide convenience by clearly presenting their product offerings online. J.CO targets customers seeking unique food and beverage options through their consistent branding across online and offline channels.
The document outlines a business plan proposal for Gen Y Trading Sdn Bhd, a company that produces and sells keropok leko. The plan discusses the company objectives, management team, location, production details, costs, sales forecasts and competition analysis. Gen Y Trading aims to provide quality halal snacks, expand internationally and capture 33% of the local keropok market share. The summary provides an overview of the key points discussed in the business plan proposal.
25 Years of Baking Goodness by The French Baker, by Johnlu Koa of French BakerHomer Nievera, CDE
Johnlu Koa, CEO of French Baker, shares his company's 25-year experience in the food industry in his presentation 25 Years of Baking Goodness by The French Baker.
The Chatime Indonesia mobile app allows users to view menu items, promotions, and loyalty programs for Chatime stores in Indonesia. The app also includes a sign in/sign up feature for user profiles, store maps and locations, and contact information. Users can place orders for delivery or pick up through the app.
Chatime is a Taiwanese bubble tea franchise founded in 2005 with over 800 outlets globally including over 100 in Indonesia. The report summarizes an observation of Chatime outlet 1B in Bandung, Indonesia. It describes Chatime's products, pricing, promotions, operations, employees, strengths as a unique tea and coffee brand with fast service, weaknesses as having high prices and limited seating, and opportunities to expand its location for more customers. Threats include potential decreased customers without food innovation or complaints on social media.
FellowBuddy.com is an innovative platform that brings students together to share notes, exam papers, study guides, project reports and presentation for upcoming exams.
We connect Students who have an understanding of course material with Students who need help.
Benefits:-
# Students can catch up on notes they missed because of an absence.
# Underachievers can find peer developed notes that break down lecture and study material in a way that they can understand
# Students can earn better grades, save time and study effectively
Our Vision & Mission – Simplifying Students Life
Our Belief – “The great breakthrough in your life comes when you realize it, that you can learn anything you need to learn; to accomplish any goal that you have set for yourself. This means there are no limits on what you can be, have or do.”
Like Us - https://www.facebook.com/FellowBuddycom
strategic management - krispy kreme, is turnaround possible?Ogochukwu Oguamanam
Krispy Kreme experienced rapid growth from 2001-2004 through an aggressive expansion strategy of company-owned stores and franchising. However, from 2005 they began to decline as this strategy was no longer effective. A SWOT analysis reveals strengths in brand awareness but weaknesses in management and financial practices. While their business model of generating revenue through company stores, franchising and product sales was solid, poor strategic decisions like numerous acquisitions failed. Given declining sales and increasing competition, Krispy Kreme's growth prospects as of 2005 appeared bleak unless major issues like weak leadership, over-expansion and adapting to consumer trends were addressed.
This document outlines an architecture internship report. It includes an introduction describing the purpose of the internship training and the working environment at Paradigm Architects. The intern worked on several projects including designing a gazebo, recreational center, and producing working drawings for a gazebo. Through these projects, the intern gained experience with software like SketchUp and AutoCAD, learned about following building by-laws, and improved documentation skills needed in an architectural firm.
Wendy's social media strategy aims to increase sales and engagement by gaining more followers and sharing more engaging content. Key objectives include increasing website traffic from social media by 35% and growing followers on Twitter, Instagram, and Facebook by 3% over 5 months. The strategy involves increasing visual posts, monitoring keywords, and partnering with celebrities to appeal to younger demographics. Social media roles, guidelines, and a response plan are also outlined.
Krispy Kreme faced financial difficulties due to overexpansion, rising costs, and increased competition. The document analyzes Krispy Kreme's finances, operations, and competitive environment. It identifies critical issues such as high debt levels and poor franchisee relations. Three alternatives are proposed: close underperforming stores and focus on new markets; diversify products and branding; or introduce themed and special occasion doughnuts to attract new customers.
The document lists and briefly describes 15 popular foods in Malaysian cuisine, including char kway teow (fried flat noodles), popiah (fresh spring rolls), roti canai (flatbread), bubur cha cha (sweet coconut dessert), satay (meat skewers with peanut sauce), and nasi lemak (rice steamed in coconut milk served with sambal, peanuts, egg and cucumber). It provides a 1-2 sentence description of each dish to highlight the variety and flavors of Malaysian cuisine.
The document discusses strategic factors for Wendy's, including opportunities like global expansion, mass customization, and upscale boutique stores. Threats include commoditization, consumer concerns about nutrition, and potential government actions. Key external factors are analyzed, including rivalry among competitors, customer power, substitutes, new entrants, supplier power, and complementor power. The document also evaluates Wendy's value chain, value net, critical success factors, and competitive positioning relative to other major fast food brands.
This document provides an overview and marketing analysis of J.CO Donuts & Coffee's operations in Malaysia. It begins with background information on J.CO including its origins in Indonesia and current store locations. An analysis of J.CO's market environment in Malaysia is then presented, including market segmentation, competitors, and SWOT analysis. Objectives, issues, and marketing strategies like product pricing and franchise expansion are also summarized. Financial projections for annual donut and coffee sales and profits are included.
This document provides an overview of Krispy Kreme's business operations. It discusses the company's history starting in 1937, periods of growth and expansion throughout the US and internationally, and challenges it faced such as accounting scandals and store closures in various markets. The document also describes Krispy Kreme's main business segments including company-operated stores, franchise fees and royalties, and its vertically integrated supply chain.
This business plan is for a partnership called Steamboat Leleh Restaurant. The restaurant will be located in Shah Alam, Selangor and will offer a buffet-style steamboat concept. It will seat 40 customers and project monthly sales of RM42,000 with 250 customers per month spending an average of RM28 each. Total start-up costs are RM54,371, with RM5,437 contributed by the partners and a RM48,934 bank loan over 7 years at 5% interest. The 5 partners each contribute RM1,087.50 in capital. The plan outlines the restaurant concept, market analysis, management structure, financial projections, and partnership agreement.
The business plan outlines Kitty Zone Cat Shop, a partnership pet shop business located in Mukah, Sarawak. The plan provides details on the company name and ownership structure, initial capital contribution, target market analysis, marketing strategies, operations plan, and personnel requirements. The key points are that Kitty Zone aims to be a leading pet shop in the region by providing high quality products, services, and customer satisfaction to capture 50% of the estimated RM908,368 pet market in Mukah.
Bahulu's House is a partnership between 5 individuals that produces traditional Malaysian cakes called bahulu. The business is located in Kuala Lumpur and produces colorful bahulu in various shapes and fillings to attract customers. The partners have invested a total of RM250,000 in capital, with RM50,000 contributions from each, and a RM50,000 loan from Bank Islam. The business plan outlines the product, goals to promote bahulu and make it a popular Malaysian tradition, and profiles of the partners and their roles in the company.
The document provides details about a business plan for a siomai business called Mr. Siomai. It includes an executive summary, product description, costs, capital share structure, marketing plan, production plan, financial plan and sustainability discussion. The business aims to provide affordable and nutritious siomai products to students. It projects sales of P9,000 in the first year, growing to P17,250 in the second year and P50,000 in the third year as it expands its product offerings and target markets.
1) Franchising is a business model where a franchisor allows a third party (franchisee) to use its brand name and business model in exchange for fees. This allows franchisees to benefit from an established brand while providing a level of quality and consistency.
2) Currently, Nigeria does not have specific franchising legislation but some laws like NOTAP can affect franchising agreements involving foreign companies. Proper franchising regulation would help protect franchisees and unleash entrepreneurship in Nigeria.
3) Other countries like the US and South Africa have enacted laws to better regulate franchising agreements and protect franchisees. Nigeria could similarly enact laws providing disclosure requirements and cooling off periods to foster fair franchise agreements.
This document discusses contractual obligations that companies take on to notify customers and pay costs associated with a data breach when working with third party vendors. There are two common types of obligations: 1) To make the client company whole for any costs associated with a breach, including notification and credit monitoring. However, insurance policies may not cover all costs and the vendor loses negotiating power. 2) To directly notify customers on behalf of the client company. But most policies only cover notification required by law, not contracts. Not all policies cover costs associated with contractual notification obligations. Insureds need to carefully review policies and obligations to ensure coverage aligns with contractual responsibilities in the event of a breach.
What Lies Beneath: The Franchisee Perspective on Franchise Claims Beyond the ...Carmen Caruso
This document discusses potential claims a franchisee may bring against a franchisor beyond what is stated in the written franchise agreement. It recommends attorneys thoroughly review the written agreement, consider all reasons for the franchisor's conduct, examine potential statutory claims, and explore common law contract and tort claims. The document also analyzes how franchise agreements often aim to limit franchisor duties and liability, and discusses how franchisees have relied on the implied covenant of good faith and fair dealing for protection against abusive franchisor conduct.
TLA - Defending Against Attepts to Impose Liability throught the Broad Defini...Patrick Foppe
In this document:
1. Plaintiffs in truck accident cases are increasingly suing entities beyond just drivers and motor carriers, such as brokers, shippers, and equipment owners, claiming various theories of vicarious liability.
2. Plaintiffs often rely on definitions in the Federal Motor Carrier Safety Regulations to argue these other entities should be held vicariously liable as statutory employers. However, most courts have rejected imposing broad liability in this way.
3. For liability to apply under the FMCSR, courts require that the entity must have been exercising motor carrier operating authority and directly involved in the transportation at the time of the accident, not just having some broader connection to the industry.
There are various types of franchising systems that can be opted by the franchisees to invest in. Some of them include the dealer arrangement, marketing arrangement, trademark-usage arrangement, manufacturing arrangement, product distribution arrangement, etc.
https://www.sparkleminds.com/business/franchise-advertising/
This document outlines the terms of a web representative partnership agreement between MFX Broker Inc. and a partner. Key points include:
- The partner will engage potential clients and inform them about the company's services for remuneration.
- The partnership can be one level, where the partner is remunerated for their own client's trades, or two level, where the partner also receives commissions from trades by clients engaged by a second level partner.
- The agreement sets rules around client engagement, commission payments, account statuses, and ensures the partner properly represents the company and does not exceed their authority.
This summary provides the key details about the example term paper format document in 3 sentences:
The document outlines the appropriate style, layout and format for a term paper in economics, including requiring a title page with specific details and placing any graphs on separate pages. It notes that newspaper and magazine articles may be cited but do not count towards the required references. The sample paper then provides an example introduction and section headings to demonstrate the expected structure and organization of an economics term paper.
This white paper examines the two primary sources of compliance obligations related to contracts: performance obligations and government regulations. For each source of compliance challenge, this paper identifies methods to improve compliance and contract management. Finally, this paper examines the kind of reporting that makes
Contracts create the network of relationships that allow organizations to thrive. Contracts generate revenue and control expenses. They allocate risks and responsibilities. Contracts create assets and liabilities. Contracts are the foundation of enterprise.
Compliance requirements touch every organization across industries. Regulations can lay down the rules of the road or impose barriers to business. Compliance is essential for success, like good brakes on a car.
The document outlines 10 best practices for manufacturers when drafting distribution agreements with dealers. It recommends always using written, uniform agreements administered by a single point of contact. The agreements should have definite terms and end dates and establish clear standards for dealer performance and exclusivity. They should also define the products covered, rules for trademark use, and terms of sale in order to avoid franchise disputes down the line.
The document provides an overview of recent franchise law developments and regulations in South Africa and internationally. It discusses:
1) New consumer protection regulations in South Africa that set requirements for franchise agreements and disclosure documents.
2) Court cases in South Africa and internationally that address issues like renewal rights, obligations of franchisors and franchisees, and exclusive territories.
3) Efforts to develop a franchise industry code and pan-African franchise association to help enforce regulations and facilitate franchise growth across Africa.
4) Opportunities and challenges for franchising in Africa, including the importance of registering intellectual property and properly preparing to address local business conditions.
Franchise agreement we are given legal and free legal advice can be done a sapkleminds are provided a service here
https://www.sparkleminds.com/business/franchise-advertising/
For any business wishing to sell its franchise and for any business person willing to start a business by buying a franchise for a brand, it is very important to satisfy all the legal requirements to avoid any kind of nuisance and havoc in the future. Of all the legal documents, FRANCHISE AGREEMENT is the most basic document because it is the document which states that the franchisor and the franchisee have got into a contract.
Ten key provisions of franchise agreementsglob inc
The document outlines 10 key provisions that are generally covered in a franchise agreement: 1) Training and support provided by the franchisor, 2) The assigned territory for the franchisee, 3) The duration of the agreement, 4) Franchise fees and total anticipated investment, 5) Use of trademarks, patents and signage, 6) Royalties and other fees paid to the franchisor, 7) Advertising requirements and fees, 8) Operating protocols for franchisees, 9) Renewal rights and termination policies, and 10) The franchisee's rights to resell the franchise.
This document discusses insurance strategies for franchisors and franchisees. It recommends a three-step process called ATM: 1) Assess risks by reviewing the franchise disclosure document, 2) Transfer risks through insurance policies like errors and omissions coverage, and 3) Manage risks with safety procedures and ongoing monitoring. Franchisors should craft tailored insurance programs to prevent claims, while franchisees benefit from complying with insurance requirements in the franchise agreement. Common claims involve misrepresentations, unfulfilled promises, and disputes over non-compete agreements.
This note considers whether a contract term can exclude all liability for latent defects and limit liability to defect repair or replacement. The clause is based on clause 36.9 from MF/1, the Model Form of conditions for electrical, electronic and mechanical plant from IMechE/IET.
The relevant cases are British Fermentation Products v Compair Reavell [1999] 2 All ER (Comm) 389 and in BHP Petroleum v British Steel [2000]2 All ER (Comm) 133.
The note was prepared by Sarah fox, 500 Words Ltd. She has reviewed, adapted, advised and trained on the MF/1 form of contract.
www.500words.co.uk
This document provides an overview of the municipal cable franchise transfer process for franchising authorities. It discusses that franchising authorities have broad discretion to approve or deny a transfer request and should only approve if the transfer benefits the local community. It outlines the procedural requirements under federal law, including that franchising authorities have 120 days to act on a completed transfer application. It also addresses some frequently asked questions about cable franchise transfers.
When Do Liquidated Damages Become an Irrecoverable Penalty?Sarah Fox
The document summarizes guidelines from the case Makdessi v Cavendish for determining whether a contractual sum is an unenforceable penalty or a valid liquidated damages clause. It outlines seven guidelines from the case, including that a sum is more likely to be considered a penalty if it is extravagant compared to possible losses or applies to breaches of different types. It also notes that the guidelines have limitations and contracting parties have freedom to agree terms, making penalties difficult for courts to invalidate.
This recruitment strategy agreement sets out the terms for Company to engage Recruiter to provide recruitment services. Key points:
- Recruiter will use best efforts to locate suitable candidates for positions as defined by Company and present candidates to Company.
- Company will provide information on positions, requirements, and company to enable Recruiter to find candidates.
- Company will pay Recruiter a fee of [FEE] within 30 days for any candidates who are hired. The fee is still owed if a candidate is later presented by another agent or applies directly.
- The agreement commenced with execution and continues until any party provides 14 days notice, 180 days pass, or fees are not paid within 60 days
Globalization presents challenges and opportunities through technology and new markets. Competing locally requires strategic insight to differentiate from established competitors. Franchising is a successful tactic that allows prosperity and growth by employing a proven business model and brand while providing training and support. However, challenges in Bangladesh include a lack of franchise laws and regulations, risks of quality issues and reputation harm for franchisors when terms are violated, and bureaucratic hurdles. Chicken King has achieved success in Bangladesh through niche positioning as the first halal fast food franchise, low costs, family friendly environment, and unique flavors that blend Western and local tastes.
11262014 The Legal Environment of Business, Ch. 6 - Learning.docxhyacinthshackley2629
11/26/2014 The Legal Environment of Business, Ch. 6 - Learning Activity - Week3 - LAW/421 - eCampus
https://newclassroom3.phoenix.edu/Classroom/ToolContainer.jsp?context=co&contextId=OSIRIS:44425562&activityId=96f01290-3b42-490d-be28-e6f95540138d… 1/24
Overview and Formation of Contracts
Learning Outcomes Checklist
After studying this chapter, students who have mastered the material will be able to:
Distinguish between contracts based on categories and apply the correct source of law to specific contracts.
Explain the concept of mutual assent by defining the legal requirement of agreement.
Identify and explain the other requirements for the formation of a valid contract.
List the events that terminate the power of acceptance and distinguish between termination through action of the parties versus
operation of law.
Apply the mailbox rule to resolve a question of when acceptance is effective.
Articulate the legal requirement of consideration and identify which contracts do not require consideration.
Give examples of circumstances where the legal requirements of capacity or legality are at issue.
Explain the concept of enforceability and geniune assent.
Categorize what contracts must be in writing to be enforceable and explain the minimum required terms that satisfy the law.
The law of contracts is one of the most common and important areas of the law that business owners and managers deal with on a dayto
day basis. Everyone working in a business environment will, in one form or another, deal with contracts throughout their career.
Employment contracts, leases, and agreements of sale for assets or land or merchandise are just a few examples of contracts commonly
used in business transactions. The simple act of purchasing office supplies from a local merchant is a form of agreement governed by
contract law.
Formation and legal enforcement of agreements have been recognized since ancient times. As early as 1780 BC, contracts were being
enforced by the Babylonians by virtue of the authority of the Code of Hammurabi. During much of the rule of the Roman Empire, the
Justinian Code included the rule pacta sunt servanda (agreements shall be kept). Many legal scholars, notably Dean Roscoe Pound, have
written extensively on the importance of society recognizing legally enforceable promises and providing remedies for those who suffered
losses. Consider the consequences of failing to provide for legal enforceability of a promise and its impact on the very fabric of civilized
societies.
Since business owners and managers are often involved in daytoday oversight of various agreements and transactions, understanding
contract law reduces risk by limiting liability through the recognition of potential legal issues, crafting an appropriate response, and
implementing a system to ensure compliance. Contract law is also essential to structuring business transactions in strategic ways to
achieve business objectives without excessive risk.
In this.
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Krispy kreme franchisor liability memorandum
1. Krispy Kreme Franchisor Liability Memorandum
To: Demanding Partner
From: Adam Anderson
Re: Franchise Agreement
Question Presented
This memorandum is intended to examine the following aspects of Krispy Kreme’s draft
franchise agreement: 1) What provisions could potentially expose them to liability for acts of the
franchisee? 2) How could the form be modified to more effectively mitigate such risk? 3) What
provisions of the agreement are particularly effective in insulating Krispy Kreme from liability
for acts of the franchisee?
In answering these questions it is important to establish the general rules and standards a
court uses in imposing liability in the franchisor/franchisee relationship. This memorandum will
first explore these rules and standards concerning liability and the avenues most often used in
imposing them upon a franchisor. I will then apply the rules to the document at hand and discuss
the specific provisions that most readily place Krispy Kreme at risk of liability. Finally, I will
examine the provisions that best insulate Krispy Kreme from liability and suggest alterations to
the form that I feel could further mitigate the risk thereof.
Applicable Rules
A franchisor is subject to vicarious liability for the acts of the franchisee if it can be
shown that an agency or apparent agency relationship exists between the two. Through a
2. thorough examination of relevant case law I have established the following principals governing
the existence of agency and apparent agency relationships.
Three elements must be established in order to create an actual agency relationship: 1)
there must be mutual consent (either express or implied) between agent and principal; 2) the
agent must be subject to control by the principal; 3) there must be some agreement that the agent
acts on behalf of the principal. In franchise agreements the element of control is especially
crucial in establishing an agency relationship. In analyzing the control element the Court will
seek to determine whether the franchisor had the “right to control both the means and details of
the process by which the franchisee was to complete his task.” In re Caroline Paxson
Advertising, Inc., 938 F.2d 595, 598 (5th Cir. 1991). This doesn’t mean a franchisor can’t
impose mandatory standards on their franchisees. Specific standards may be imposed so long as
they are “not intended as a means to control the time, manner and method of performing the
daily operations of the franchise, but as a means of achieving a certain level of quality and
uniformity within the system.” McGuire v. Radisson Hotels, Intl., 209 Ga. App. 459 (1), 486
S.E.2d 684, 742 (1987). Under some unique circumstances court’s have found the existence of
an actual agency relationship between franchisor and franchisee, however, due to agency’s more
rigid requirements of either express or implied mutual consent and sufficient control, it is more
common for a court to impose liability based on the theory of apparent agency.
Apparent agency refers to “that authority which a principal holds his agent out as
possessing or permits him to exercise or to represent himself as possessing, under such
circumstances as to estop the principal from denying its existence." Nevada Power Co. v.
Monsanto Co., 1994 U.S. Dist. LEXIS 20504, 12-13 (D. Nev. Nov. 9, 1994). An apparent
agency relationship can be established if a franchisor, either through its action or inaction, leads
3. a third party to reasonably believe a franchisee is acting as its agent, or that in conducting
business with the franchisee, they are dealing directly with the franchisor. If the third party
reasonably relies on the misrepresentation to their detriment, the franchisor can be held
vicariously liable for the damaging acts of the franchisee. In O’banner v. Mcdonalds Corp. the
court outlined the elements of apparent agency as follows: “(1) the principal's consent to or
knowing acquiescence in the agent's exercise of authority, (2) the third party's knowledge of the
facts and good-faith belief that the agent possessed authority, and (3) the third party's detrimental
reliance on the agent's authority.” O'Banner v. McDonald's Corp., 273 Ill. App. 3d 588, 593, 653
N.E.2d 1267, 1270 (1995). Due to the prominent presence of company trademarks in every
franchise location, the doctrine of apparent authority presents a major risk to all franchisors. It is
inherently important in every franchise agreement to be particularly mindful of this risk and to
mitigate it as much as possible.
Provisions Exposing Potential Liability and Mitigating the Risk
Actual Agency:
In order to prevent the potential establishment of an actual agency relationship between
Krispy Kreme and its franchisees it is essential that any provisions in the franchise agreement
concerning control on the part of the franchisor be construed solely as efforts to maintain brand
and product quality as opposed to mandates controlling the means and details of performing the
daily operations of the franchise. The first provision in the agreement creating the potential for
an actual agency relationship is found in section 4.
4.1-4.3 are high risk provisions because they require compliance to a franchisor mandated
set of manuals and system standards. In Parker v. Domino’s Pizza the court held the franchisor
4. vicariously liable for damages caused by the franchisee’s delivery driver due to the existence of
an actual agency relationship. The court established this relationship using the franchise
agreement and the operations manual that it required franchisees to use. The manual in question
outlined delivery guidelines and required compliance to the “30 minutes or less” standard. Since
delivering pizza was a part of the franchise’s day to day operations the court held that an agency
relationship existed between franchisee and franchisor. Parker et al. v. Dominos Pizza et al., (Fl.
App. Ct. 1993).
In the Krispy Kreme agreement, Provisions 4.1 and 4.2 both demand compliance to the
manuals and system standards “solely for use in operating the store.” This is the kind of
language we should attempt to avoid. The phrase “operating the store” could give rise to an
inference that like Domino’s, Krispy Kreme is attempting to control the daily operations of its
franchises. This sentence could easily be replaced with the less intrusive phrase “In the effort of
maintaining brand standards and quality.” Section 4.3 goes on to allow Krispy Kreme to enforce
compliance with the manuals and standards through on site inspections. This serves to
emphasize the control issue created by section 4. Krispy Kreme has every right to ensure the
quality of its products and trademark by setting and enforcing standards, however, it would be
beneficial to make perfectly clear that is their only intention. To this point, I feel it would be
beneficial to exchange the phrase in provision 4.3 “to determine whether franchise is in
compliance with this agreement” with “to ensure franchise is in compliance with all standards of
brand and product quality.” Although alterations in wording can mitigate the potential liability
presented by section 4 to a degree, risk is inherent wherever any level of control exists.
Therefore, I feel it would serve Krispy Kreme well to insert an express provision in section 4
describing with specificity the intended nature and level of their desired control.
5. Section 5 of the agreement also gives rise to liability due to its potential to create an
actual agency relationship. Provisions 5.1-5.3 mandate that the franchisee exclusively use
products provided by Krispy Kreme. The franchisee can only use another supplier by submitting
a request subject to approval by Krispy Kreme. This is a very sensitive area of the agreement
because dictating which supplies the franchisee will be using on a daily basis draws even closer
to controlling the “day to day operations” of the business. Section 5.3 mentions that the
company has the right to periodically inspect products bought from other suppliers to determine
if they meet company specifications, however, the section never expressly identifies maintaining
brand quality as its purpose. I would suggest Krispy Kreme clarify its intent by adding an
express provision denoting maintaining brand quality as the section’s sole purpose.
Section 7 of the agreement presents a similar hazard. Section 7 allows Krispy Kreme to
implement mandatory training programs for the franchisee’s employs. If an employee doesn’t
pass, Krispy Kreme disallows the franchisee from hiring them and has the right to designate their
own replacement. The franchisor placing a hand into the hiring process draws the company ever
closer to the line of actual agency through the control of day to day operations. Krispy Kreme’s
interest here must again be perceived as maintaining their brand and product quality. This
agenda should again be expressed more clearly throughout the section. In order to distance itself
from a furthered sense of control, Krispy Kreme may also want to consider funding employee
training expenses as mentioned at the end of 7.1 on its own. After all, its interest is in
maintaining its own trademark quality, not obtaining money for training its franchisee’s potential
employees or creating any further fiduciary relationship than is necessary in this regard.
Finally, provision 9.2 grants Krispy Kreme a seemingly overbroad sense of actual
authority over its franchisees. This section contains a no-compete clause that disallows the
6. franchisee to have any competing interests anywhere in the entire world. A clause this
burdensome on the franchisee could give rise to a large sense of actual authority on the part of
the franchisor. Krispy Kreme should consider rendering this provision to a regional restriction
disallowing competing interests in the southeast United States, where Krispy Kreme is most
competitive.
Apparent Agency:
As mentioned above, the elements required to establish apparent agency are somewhat
less rigid than those of actual agency. This broadens the scope of liability under the doctrine.
Any representation made by Krispy Kreme that leads a third party to reasonably believe that they
are conducting business with either the company itself, or an agent thereof, could subject Krispy
Kreme to liability. This presents a problem since the Krispy Kreme trademark is present on the
door of every franchise location. It is imperative for Krispy Kreme to take great care in
constructing a franchise agreement that avoids requirements that could unnecessarily heighten
any sense of apparent agency.
In Crinkly v. Holiday Inns, Inc the court held that an apparent agency existed because the
franchisor permitted itself to be represented to a third party as the entity with which the party
was conducting business. The court held that Holiday Inns had failed to properly distinguish
between franchisor and franchise owned hotels. Crinkly v. Holiday Inns, Inc., et al., (4th Cir.
1988). Section 17 of the agreement requires franchisees to place signs in their locations
notifying customers that they are independent contractors as opposed to agents of Krispy Kreme.
This is the best approach available to prevent any similar mistake on the part of third parties
within its franchise locations. Sec. 8 however, deals with a more difficult situation, a scenario in
7. which third parties could potentially conduct franchise related business with franchisees beyond
the walls of a franchise location.
Sec. 8 deals with advertising materials and grants the franchisee the ability to seek out
third parties to create advertisements for the franchise, subject to submission to Krispy Kreme,
approval before use, and a total forfeiture of all “moral rights” to the material on the part of the
franchisee and the third party. This gives rise to a scenario in which a franchisee could acquire
advertising samples from a third party with no prior knowledge of this franchise agreement. This
means that a third party could supply a person they assumed to be an agent of Krispy Kreme with
their intellectual property and forfeit all rights to it unknowingly once it was submitted to the
company. This could potentially subject Krispy Kreme to liability through apparent agency so
long as the third party was damaged by the loss and reasonable in believing they were dealing
with an agent of Krispy Kreme. This problem could be rectified simply by prohibiting the use of
third party material or adding a provision to sec. 8 requiring that Krispy Kreme not only be
notified of any advertising material obtained from a third party, but that they be put in contact
with said third party to confirm their awareness of the forfeiture of their intellectual property
before the material is sent in for approval.
Effective Insulating Provisions
Like most franchise agreements the most effective insulating provisions of the Krispy
Kreme draft are its indemnity clauses. One in particular, provision 17.1, should be highly
protective against establishing apparent agency in claims brought by the franchise’s day to day
consumers. Section 17.1 requires that franchisees “conspicuously and prominently place such
other notices of independent ownership on such forms, business cards, stationery, advertising
8. and other materials as Company may require from time to time.” This gives Krispy Kreme the
right to demand that franchisees place signs in their stores notifying customers that the business
is owned by an independent contractor not acting as an agent of Krispy Kreme. Such signs
should help to combat two elements of any apparent agency action brought by a Krispy Kreme
customer injured within the walls of a franchise. First, so long as Krispy Kreme required signs
to be prominent and visible to customers, they could eliminate any claim that the injured
consumer reasonably believed they were dealing directly with Krispy Kreme or one of their
agents. Second, so long as the signs were in place before the injury occurred, they could
eliminate any claim that the consumer reasonably relied on that agency relationship. Specifics
like sign dimension, placement and quantity could be added directly to this provision to make it
even more effective, however, as it stands it should provide Krispy Kreme with a shield against
the dangers of multiple consumer based apparent agency claims.
Additional Provision to be Added
I feel Krispy Kreme would also be wise to add a provision to their agreement requiring
that franchisees obtain general liability insurance on their franchise and that they name the
franchisor as an additional insured on the policy. According to the court in Hayman v. Ramada
Inn, having the franchisor’s name on the insurance policy does not subject them to vicarious
liability for the acts of the franchisee, furthermore, it provides coverage if the franchisor is in fact
held liable in a claim resulting from such acts. Hayman v. Ramada Inn, Inc., 357 S.E.2d 394
(N.C. Ct. App. 1987).