Compare and contrast the two Franchise Agreements (Taste of Philly and Haagen Da

Question

Compare and contrast the two Franchise Agreements (Taste of Philly and Haagen Dazs) with respect to the contractual termination provisions.

Respond to each question using the number below, and post your answer as a separate paragraph in ONE forum post.

Under what SPECIFIC circumstances could the Franchisor terminate the agreement AFTER THE FRANCHISE IS OPERATING based on the Taste of Philly Agreement? Cite the contract location(s)

Under what SPECIFIC circumstances could the Franchisor terminate the agreement AFTER THE FRANCHISE IS OPERATING based on the Haagen Dazs agreement? Cite the contract location(s)

In general (not related to these two contracts) Why would a Franchisor not have a specific process and framework for terminating a Franchise? Is this a strategy or an oversight? Defend your position.

List 3 more specific reasons why a Franchise should be terminated - and why you believe these to be true. You may not use reasons cited in the agreements above.

Explanation / Answer

Taste of Philly Agreement: Franchisee agreement

The franchisor can terminate the agreement under the section 17 of the contract agreement. The franchisor will give necessary notice period and terminate the agreement as stated in section 24 of the agreement.

Immediate termination of the agreement will be because of the following reasons:

1.      Under section 17.2 a: The franchise is insolvent or bankrupt.

2.      Under section 17.2.b The franchisee files for voluntary bankruptcy or insolvency.

3.      Section 17.2. d the franchisee premises are sealed due to outstanding judgment on payment of dues.

4.      Section 17.2. e: the franchisee mortgages, liens etc any part of the restaurant.

5.      Section 17.2. f: The franchise is a danger to public health and safety due to some construction etc.

Haagen Dazs: (Shop franchise agreement)

Haagen Dazs could terminate the franchise agreement based on the section 15.1.3 by giving notice of termination to the franchise due to the following reasons:

Further, under section 15.1.4 the notice of 30 days is mandatory except for reasons highlighted under:

The franchisor might avoid adding the termination clause as a strategy because of the following reasons:

Franchisee could be terminated because of the following three reasons:

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