Q: Can I negotiate and change the terms of a franchise agreement.

A: Yes - before buying a franchise it is your right to review the terms of the franchise agreement, consult with a franchise attorney and negotiate with the franchisor.  Franchise agreements can be negotiated and modified to provide you with additional rights and protections as a franchisee. 

If you are considering the purchase of a franchise, chances are that you have been in contact with with the "franchisor's sales staff" and, quite possibly, you you may have been given misinformation as to your legal rights.  That is, to expedite the process of selling a franchise (and getting you to pay a franchise fee) you may be discouraged from contacting or consulting with a franchise attorney.  To do this you may be advised that "although you may get an attorney it will not matter because we do not negotiate or change the terms of our franchise agreement".  The some franchisors may take this even further and advise you that "it is illegal for us to change our franchise agreement".  These statements are false and in the vast majority of franchise transactions the terms of your franchise agreement may be negotiated and modified for your benefit.  Before making a substantial investment in a franchise, speak with a franchise lawyer about special protections that should be added to your agreement.  Pay particular attention to modifications related to"

  • Restrictive covenants;
  • Liquidated damages;
  • Renewal rights;
  • Advertising fund fees;
  • Protected territories;
  • Proprietary product purchases; and 
  • Rights to cure alleged defaults.



Charles N. Internicola is a franchise lawyer who represents individual and established franchisees throughout the United States, in all fifty states, including New York and New Jersey.  Charles is the author of "An Entrepreneurs Guide to Purchasing a Business or Franchise" and the editor of the "Franchise Law Blog". If you a buying a franchise, it is important that you obtain an independent evaluation of your franchise agreement and FDD from an experienced franchise lawyer.  Contact Charles Internicola to discuss the services that he offers to protect franchisees before you sign any agreements.

If you are considering the purchase of a franchise or business, for a limited time you may receive a complementary no obligation copy of Mr. Internicola's book, "An Entrepreneurs Guide to Purchasing a Business or Franchise" where you will find helpful information and facts. 


IMPORTANT DISCLAIMER: The information contained on this website is provided for general educational purposes only, should not be relied on as legal advice and does not serve to create an attorney client relationship. In utilizing this website you acknowledge that there is no attorney client relationship between you and Charles N. Internicola, Esq. and that the information contained on this site does not and cannot serve as a replacement for the competent legal advice of a licensed attorney in your state. The content of this website is subject to the Copyright of its author, Charles N. Internicola, Esq.
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