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Franchisee Services

9/3/2009
Charles N. Internicola
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When Buying a Franchise you Must Give Serious Thought to "Restrictive Covenants"

When buying a franchise, justifiably, you prospective franchisee give serious thought to "upfront" costs and obligations such as (a) the initial franchise fee, (b) start-up costs, and (c) royalties (just three of many due diligence factors to consider).  However when evaluating your obligations as a prospective franchisee you must give consideration to and discuss with your franchise lawyer the types of "post termination restrictive covants" that you may be obligating yourself to.

That is, the typical franchise agreement will include "restrictive covenants" that will prohibit you from operating and/or engaging in certain types of business if and when your franchise agreement is terminated.  If you are currently involved in a "line of business" similar to the new franchise that you are purchasing this issue may be even more important since you may be subjecting yourself that "post-termination restrictions" that may prevent you from engaging in a line of business that you have participated in (and based your livelihood on) long before your purchase of any franchise.





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