A: Refurbishing and upgrading a franchise can be critical to a franchise's image, and can help the business prospects of the individual franchisee. However, this may also involve a significant expense to the franchisee. Therefore, during the franchise disclosure process, a franchisor should anticipate when refurbishing should be due during the course of the franchise agreement.
When anticipating upgrading a franchise, a franchisor should consider the normal wear and tear during the life cycle of a franchise. In the franchise agreement, the franchisor may also want to include some requirements for upgrades and refurbishment, as well as limitations on the franchisee's obligations to make a significant expenditure for upgrades.
Depending on the terms of the franchise agreement, the franchisor may determine that upgrading a franchise is a condition of the renewal of the agreement, as well as place a cap on the amount that the franchisee must spend in this process. The agreement may stipulate that upgrading is only necessary where the investment can be amortized over the franchise's remaining life. Some franchisors offer an early option for renewal in conjunction with significant renovation or relocation.
In some instances, franchisors choose to lead by example, by upgrading a franchise (non-franchised unit) of their own, or a percentage of them, before demanding upgrades by franchisees.
If you would like to establish the terms for upgrades within your franchise agreement, you can do so with the professional help of a New York franchise lawyer. A New York franchise lawyer can advise you on the ways to draw your formal franchise agreement.
Contacting a New York Franchise Lawyer
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