Is a franchise agreement negotiable?

A: When starting a franchise in New York, you should always assume that the franchise agreement is open to at least some negotiation. While there may be some legal impediments to negotiating a New York franchise agreement, it will never hurt to attempt to negotiate a better business arrangement. Generally, if a franchisor is well established and respected, they will have no need to negotiate their terms with prospective franchisees.

Some of the terms that may be negotiable in a New York franchise agreement include: 

• payment terms, which are often open to discussion and compromise;
• initial franchise fees, especially if you are interested in a multi-franchise deal;
• limitations on personal liability;
• the protection of your territory;
• provisions for default, specifically the right to cure a breach of your agreement; and
• the conditions for renewal of your franchise agreement.  

Terms of the franchise agreement, which are generally not negotiable, include your royalty payments and fees such as those required for advertising programs.

If you want to attempt to negotiate the terms of your New York franchise agreement, you should seek advice from a New York franchise lawyer. Your franchise lawyer has experience negotiating the terms of a franchise agreement, and can make sure your agreement is properly finalized.

Contacting a New York Franchise Lawyer

If you are an entrepreneur who is interested in franchising your business there is a lot you need to know, including the significance of evaluating your trademark and how to approach the preparation of your FDD. For a limited time, get New York franchise lawyer Charles N. Internicola, Esq's franchise law report to determine whether or not your business is right for franchising.

Contact us today at 800-976-4904 for more information about Mr. Internicola's franchise law services in New York and how he assists entrepreneurs franchise their business nationwide.

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