Vital Facts To Know Regarding Franchise Termination Illinois

By Debra White


When an entrepreneur is given a license or a permit to operate his or her business within a particular location and within a particular scope, then if he or she does not abide to the terms and conditions of that agreement franchisor can withdraw the agreement and render it null and void. There are several reasons for franchise termination Illinois that many businessmen ought to know.

When the duration of contract elapses then the contract also seizes to exist and so if both parties wish to continue with the same kind of business, they have to enter into a new and legally binding contract. Breach of contract is another reason why many contracts come to a premature ending. When one party decides to go against the contract terms then the other party can withdraw from the agreement and also sue the breaching party for breach of contract.

A franchisor practicing franchise fraud basically will use contract termination process not stipulated in franchise agreement for personal gains. The agreement that exists between these two parties is that one party grants the other party a right to use their business license or name for a certain period and for a particular mode of business. The contract should be legal binding else it would not qualify to be a contract.

The agreement is best when it is in written form otherwise some tricky entrepreneurs who only want to take advantage of your business name and trademark may take come up. The business operator is the person entrusted with the running and administration of business by the owner of business commonly known as franchisor. Business operator is given the legal rights to use and also market all goods and services but under the franchisor trademark, trade names, and service marks for specific duration.

When the termination comes from the parties then basically it is under the following circumstances. A party can decide to suspend its performance or withdraw completely from the agreement or contract when there is breach of contract that is material generally by the other party.

When these three questions are appropriately answered, then the process of bring to an end the contract should not be tedious neither should it be complicated. All parties to an agreement have a role that should be played. The earlier the parties recognize their roles the better and easier the termination process becomes.

There is ambiguity that surrounds when, how and by whom basically the franchise can be ended or terminated. The role that the parties has to play during the termination process and after the process has ended should be made clear from the start to avoid a lot of misunderstandings.

It is good to exercise prudence by seeking the consultation from a well experienced and reputable business law attorney. Business law attorney will work with you to protect or safeguard your business goals and interests. Bankruptcy, solvency, loss of vital leases or licenses and criminal conviction of business operator can lead to franchise being terminated by franchisor




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