Guidelines to ensure that franchisors and franchisees operate within the law
The franchisor may believe that once a franchise agreement has been signed with the franchisee and if the agreement contains the pertinent details that they discussed, then it is indisputable. What could possibly go wrong, if anything at all?
Criteria that the franchisor should consider to ensure it works within the parameters of the law:
- The franchise agreement must comply with the Consumer Protection Act (CPA), meaning that it ought to contain the relevant details as set out in the regulations in terms of the CPA. Should the franchise agreement not contain these details, the franchisee may resile from the agreement, affirming that the franchisee may elect to get out of the agreement, attracting no penalty to the franchisee. This means that the agreement is not binding on the franchisee.
- The franchisee must be given a ten day cooling-off period from the date of signing the agreement to cancel the agreement. Should the Franchisee cancel the franchise agreement, then the Franchisee is not liable for any costs incurred by the Franchisor during the cooling-off period.
- Should a deposit be paid on date of signature, it ought not to be viewed as income for the franchisor until the cooling-off period has expired.
- Options available to the Franchisor when enabling the Franchisee to facilitate operating the business successfully:
- 5.1 Conduct initial training and offer proper ongoing training;
5.2 Communicate regularly with the franchisee and provide continued guidance;
5.3 Notify the franchisee as to whatever needs to be done.
Should a prospective franchisee wish to purchase a franchise, the following points should not be overlooked:
- Have the franchise agreement checked by an attorney.
- Have the disclosure document checked by an accountant to ascertain whether the financial projections in the disclose document feasible and realistic.
- Conduct a proper due diligence on the franchised operation. Gather as much information as possible on the franchised business.
- Contact the existing franchisees and determine whether they are satisfied with the franchised business.
- Communicate with the franchisor should the franchisee have a query.
- Attend any training or meeting that the franchisor provides.
These criteria should guide the franchisor and franchisee to operate their franchised business more effectively.
9th April
Agenda for the day
9:00 to 11h30
Free for FASA members, their franchisees and staff
R50 for non-members
Please note: Agenda details could change without notice
Book Your Spot Spaces are Limited!
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Maria D’Amico holds an LLB in Law (obtained at WITS) and has been practicing as an attorney for 33 years and working at Thomson Wilks Attorneys.
Maria is an expert in commercial law, commercial litigation and franchising and her understanding of franchising law is invaluable to anyone involved in the franchising industry.
Maria is also qualified as a Solicitor in England, the United Kingdom, completed her Canadian legal conversion exams and is a Civil and Commercial Mediator (having obtained her certificate from the ADR – Alternative Dispute Resolution group in London).
