Franchise Agreements and Refusal to Renew

When the franchisor signs a franchise agreement with a franchisee it is very much like the marriage only it has a specific infinite time period called a term. Upon the end of the franchise agreement period a franchisor and a franchisee may agree to continue their marriage and renew the franchise agreement or one or more parties may decide to go their separate ways. A franchisor may have good reason for not wishing to renew the franchise and franchise law predicts that without a good reason failure to renew could in fact create litigation.

However, if a franchisor states all possible reasons in advance that they were may not renew the franchise agreement with a franchisee in the initial franchise agreement, then the chances of litigation are lessened. Below is a copy of a clause that I used in both our master franchise agreements, as well as our individual franchisee agreements, which stated that conditions in which our company may choose not to renew;

1.3.3 Refusal to Renew

Notwithstanding the foregoing provisions, Franchisor will not be obligated to renew Franchisee’s rights to operate as a Franchisee of Franchisor if Franchisee has failed to satisfactorily comply with Franchisee’s duties, obligations and covenants during the preceding term or is then in default of any provisions of this Agreement. The determination of satisfactory compliance will be within the exclusive discretion of Franchisor in good faith. If Franchisor refuses to renew, Franchisee must continue to perform under this Franchise Agreement until its expiration.

Continuation. If Franchisee is in the process of transferring the Franchised Business at the time of expiration Franchisee may be allowed to continue to operate the Franchise with Franchisor’s express consent, following the expiration or termination of this Agreement. The continuation will be a month-to-month extension of this Franchise Agreement. Otherwise, all provisions of this Agreement will apply while operations continue.

——– ——— ———

Since this is an area of law in the world a franchising, which has been known to create a controversy so, any and all franchisors are well advised to speak to a knowledgeable and an experienced franchise attorney on the subject matter. I hope you’ll take my advice and seek legal and also consider all this in 2006.

Lance Winslow - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/wttbbs/

Tags: Franchise Agreements, , Refusal to Renew

Death Sentences are Cruel and Unusual Treatment and Unjust

Many believe that “There is something wrong with a society that believes that to teach people that taking another human beings life is inappropriate by taking another human beings life.” Indeed others say the Death Sentences and Capital Punishment do not make any sense for that reason.

Yet, I do not believe we have a death sentence or capital punishment to teach people right and wrong. Rather to scare the ever-living crap out of them and let them know we will kill them if they do. It is a “Fear” based law and deterrent, as humankind seeks self-preservation above all. With Capital Punishment on the books less people seek to kill others, plus, live time imprisonment costs too much for every year in jail we could send 8 kids to a full ride scholarship of their choice, so death sentences makes sense in that regard. So in that regard is does make sense you see?

If having a death sentence exists then fewer people will kill other people and that is a good thing for society not a bad thing. If we put fear of punishment into the system of laws such as capital punishment then we do serve the greater good in many regards, as it prevents more senseless murders. Are death sentences cruel and unusual? Or are the ones who kill others in cold blood and leave their bodies to rot the cruel ones? You decide. Consider this in 2006.

Lance Winslow - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/wttbbs/

Tags: capital punishment, , , , Cruel and Unusual Treatment, Death Sentences, Unjust

Global Issues And Their Importance

Global issues are of great importance for they may literally decide the
future of the human race. The very concept of issues that are global
in scale is recent. Global issues have and hold the potential for
extensive impacts on people and the planet. Global issues are beyond
the ability of any one nation to resolve and are persistent, or
long-acting. Their onset may take years, decades, or even generations
to be felt, and may take similar amounts of time to be resolved.

I am going to outline a few global issues briefly before finally
concentrating on one particular issue, starting with conflict. There
are around thirty high-intensity wars raging around the world today.
These conflicts cause millions of casualties, as well as social and
economic disruptions that threaten food supplies, health, local
environments and political strength in many regions. Most conflicts
start over things such as access to farmland, water, fishing grounds,
timber resources, or control of valuable products such as diamonds or
coffee. Combatant groups can be entities from opposition, communal or
the government and are often members of a particular class, ethnic
group, or religion struggling for right to use to natural resources,
social services, or political power.

After food and water, energy is our most basic need. Modern cultures
are founded almost solely around the production and consumption of
energy. Many people believed that our main concern was the fact that
supplies will eventually run out, when in fact the greater concern
about energy is that our current energy models are unsustainable
because of environmental and economic issues. Our current energy
models rely mainly on hydrocarbon fuels like oil, natural gas, and
coal which provide nearly 80 percent of the world’s energy. However,
this can cause smog and acid rain, and may be linked to global
warming. We also use long-established biomass fuels such as solid
wood that provides almost 10 percent of the world’s energy but
unfortunately contributes to deforestation and air pollution. The
final energy model we use is a nuclear generation which provides just
over 6 percent of the world’s energy, but produces toxic waste which
needs long-term safe disposal.

Human impact on the environment is becoming both more visually obvious
and more extensive. Almost 40 percent of the earth’s land surface is
being used as cropland or pasture land and half the planet’s tropical
forests have been destroyed or ruined. The planet’s protective ozone
layer has been badly damaged, while huge numbers of carbon emissions
causes smog and acid rain, and also contributes to global warming and
climate change. All of these environmental impacts result from the
needs and desires of our growing population and the models of
production and consumption we use to try to meet those needs and
desires. Much of the damage to the environment is a result of
over-consumption of resources and production of wastes by wealthy
nations and individuals.

Nothing is as basic to human survival as food and water. But billions
of people lack access to adequate nutrition and clean water. Around
800 million people are chronically hungry and over two billion lack
adequate nutrition and more than 80 countries now face water
shortages.

There is enough food available to feed everyone on the planet, today.
But economic policies, poverty, discrimination, and poor governance
keep many people from receiving enough food. Through destroying
natural habitats for farmland, over-fishing, pollution from pesticides
and fertilizers, soil erosion, and desertification, we are also doing
damage to the Earth in producing much of our food.

Health is completely essential for social and economic development.
Population growth, globalization, and unsuitable development have made
health more fragile than ever for many people in the world.
Inadequate development has resulted in poverty and insufficient health
services in much of the world, while over-consumption by developed
nations has created severe environmental health impacts. Health is
very much linked to other global issues. For example, poverty is a
major contributor to ill health. Poor people, especially women and
children, often cannot afford sufficient nutrition, clean water, or
access to medical attention. Ill health, therefore, traps people in or
condemns them to poverty.

I am going to finally concentrate on the gap between the rich and poor
as a global issue and hopefully comprise an idea for action that a
primary school could take on.

As time goes by, the gap between the worlds rich and poor is becoming
larger and larger, both within countries and among them. The vast
majority of the world’s population is receiving an ever-decreasing
share of its wealth, while the share claimed by a few rich nations and
individuals is steadily growing.

The results of this widening rich-poor gap are diverse. They include
environmental destruction as richer nations can afford to over-consume
resources, while poorer nations are forced to over-exploit the
environment just to survive. People may be forced to migrate and move
in search of adequate resources. They also include conflict
wealthier nation’s fight to keep what they have, while those suffering
a lack of resources fight to attain them. Global inequality has many
causes and is diverse and complex. Such as, the unequal distribution
of natural resources, and lack of access to education, healthcare,
especially for women and girls.

History has shown that individuals and nations do not have to stay in
poverty for an indefinite period, however. With a knowledge and
understanding of the interdependence of our world, it is possible to
eradicate the original causes of poverty. By increasing economic
opportunities, access improves to nutrition, education, and
healthcare. This creates a higher income, more independence
(especially for women) and the opportunity to obtain environmentally
safe technology and products. When social health improves so does the
stability of it, better economic production and less opportunities for
conflict. Population tends to even out, governments tend to be more
democratic, and environmental protection becomes both more desired and
attainable.

Most people have an image in their minds of what they perceive to be a
poor person but rarely think beyond that image to all the other ways
being poor affects a person’s life, or how that poverty affects the
larger world.

Wealth and poverty are closely associated to population. When
population increases, there are more people who must share the
resources. When there aren’t enough resources to support the people,
poverty follows. The shortage of resources and poverty may then cause
discrimination, migration, environmental destruction, and conflict.

High levels of education and income often work together. Educated and
wealthier families tend to be smaller, and usually have fewer children
so they can focus their resources on those children, generating better
health, educational, and economic outcomes.

Poverty can often make families use their children as a way of earning
money. The children may raise food, haul water, gather fuel, work in
sweatshops, or be sold into slavery or prostitution to help support
their families.

The decline of the condition of the environment is a major cause of
poverty. Overexploitation and deprivation of the resources can force
people into poverty, just as people living in poverty are often forced
to destroy and degrade their environment.

Another major connection is between poverty and health. Poverty is the
main reason that children are not vaccinated, clean water and
sanitation are not available to them, life saving drugs and treatments
are difficult to get to for poor people, and mothers die in
childbirth.

There are some obvious reasons for the severe gap between rich and
poor developing regions, for example the world’s raw resources, from
which most wealth comes from, have never been properly shared out. Raw
materials and goods made from them are redistributed through trade (or
are taken by force).

There are many things that can be done to help the problem of poverty
- I am going to focus of what children can do to in and out of school
to help. I think that the easier way of doing this is to first raise
awareness of the issue which is the first step to making real and
lasting changes - this can easily be done by children in their own
communities.

For example, primary school children could get together in their class
and write a letter to a newspaper editor, in the hope that many people
would read it and hopefully respond to it and share their opinions
with others. They could also share what they’ve learnt about poverty
by getting creative. Art can have a positive effect on its audience
which makes it a powerful tool for raising awareness about important
issues.

Raising money can also help solve an issue such as this immensely.
Money is usually given to programs in developing countries that need
funding for helping children get an education. With the help of
parents or teachers, children can easily help donate money by holding
an activity to raise money such as a walk-a-thon. Or even selling
sweets and cakes that they have made themselves with their families or
at school.

With the right kind of support from adults in the school, big events
can be held, like a talent contest for example, in aid of raising
money for the fight against poverty.

Another idea that could be used as an ongoing project is for Teachers
coordinate their lesson plans to focus on a particular area in a
country that needs help where there is a project being carried out,
like Gambia for example. Students could learn about Zambia’s culture
in history and geography. In music they could learn traditional
African songs and rhythms. Parents and could become involved by
helping gather school supplies to make education kits to send to
students in Zambia. The kits could include pencils, a note pad, a
rubber, and a sharpener, basic school supplies that many Zambian
students don’t have. Students could then enclose a personal letter and
a photograph of themselves, that could spark a global friendship with
a peer in Zambia.

This would teach help children see that their group effort could help
address the global issues of poverty and inequity in our world.

All of these ideas would be ideal to be used in a school environment
for children because firstly, the activities are fun and the children
will enjoy what they are doing and feel involved, and secondly, they
will feel empowered in the knowledge that their efforts will really
make a difference in the lives of children just like them around the
world.

There is no doubt that the gap between the rich and poor is growing
larger and larger. But it is not the gap that is the problem it is
more the behaviors and problems it creates within the minds of both
the rich and poor that matter. Poverty on a national and international
scale is closely linked to many of the challenges humans face so if
there is change in one (that could be positive or negative) impacts
all the others. Because of this, efforts to reduce poverty reduce the
amounts of recourses we use up, steady population growth, protect the
environment and support human rights are together strengthened. There
are many opportunities and choices that we could take to close the gap
between rich and poor and get rid of poverty worldwide. The choice is
ours and the results could be extraordinary.

The article was produced by the member of masterpapers.com.
Sharon White has many years of a vast experience in Essay Writing and custom essays writing consulting. Get free samples of essays and courseworks and buy essays .

Tags: global, , , importance, issues

Supreme Court Decides Against Grokster In File Sharing Decision

The U.S. Supreme Court has ruled peer-to-peer sites such as Grokster, Kazaa and Morpheus can be held responsible for copyright infringement by their users. In a rare 9-0 decision in favor of Plaintiff MGM, the Justices held that a business distributing technology with the active intent of promoting copyright violations could not escape liability for subsequent copyright infringements. Although unanimous, the ruling is a strained effort to isolate file sharing from other industries.

In arguing their position, Grokster had relied on previous rulings regarding VHS technology. In a 1984 case, the Supreme Court ruled the makers of VHS recorders could not be held liable for copyright piracy by users of the machines. The Court specifically ruled that VHS and any other technology with “substantially non-infringing uses” could not be held responsible if individuals illegally taped movies or shows off of television. Indeed, lower courts had ruled in favor of Grokster using the VHS ruling as precedent. So, what’s the difference between the two technologies?

In a somewhat tortured reasoning, the Justices distinguished the two cases by focusing on the “intent” of the companies. If a company distributes a technology with the intent that it be used by third parties for copyright infringement, then it is responsible. “Intent” is shown by a company making a “clear expression” of such intent or taking affirmative steps in said direction.

Writing the opinion, Justice Souter explained:

“There is no evidence that Grokstermade an effort to filter copyrighted material from users’ downloads or otherwise impede the sharing of copyrighted files,”

He further explained,

“The company showed itself to be aiming to satisfy a known source of demand for copyright infringement, the market comprising former Napster users.”

No Nail In The Coffin

The entertainment industry is trumpeting the end of file sharing. This ruling is no such thing. To understand the impact of the ruling, a brief discussion of legal procedure is necessary.

The Supreme Court decision does not find Grokster liable for anything. Instead, it simply reverses a lower court ruling that Grokster could not possibly be found liable. As a result, the case will return to the trial court and eventually go to trial. In the trial, the Plaintiff will have to prove that Grokster distributed file-sharing software with the intent that it be used for copyright infringement. Proving such a case will not be easy since “intent” is a vague concept.

In Closing

The decision of the Supreme Court provides the entertainment industry with a basis for pursuing file sharing companies. Is file sharing at an end? Not likely.

Richard Chapo, Esq., is a business lawyer with http://www.sandiegobusinesslawfirm.com - offering legal advice to San Diego businesses. This article is for general education purposes and does not address every facet of the subject matter. Nothing in this article creates an attorney-client relationship.

Tags: copyright violation, , , , , , file sharing, grokster, mgm, peer to peer, supreme court

Franchise Agreements and Opening of Business

Many people do not understand that it takes months of preparation to open the franchised outlet. I can remember times, When franchised buyers were shocked to learn that it could take up to 60 days to start their business from the time they paid their franchise fee & signed the franchise agreement. Imagine how long it takes to open a hotel or a fast food restaurant that is not even built yet. It might take years to get through planning commission, purchased the property and build it.

Our franchise company was relatively simple, and that is because it was a mobile franchised business, home-based. Nevertheless, we had to address this issue in our franchise agreement so that buyers understood what was ahead. Below is a clause that I designed and put into each franchise agreement.

3.8 Opening of Business

Before Franchisee commences business operations Franchisee must have all licenses, certificates, registrations, insurance, environmental requirements and permits current with any local, regional, state or national governmental agency requiring such. Franchisee must also have completed training, purchased their vehicle(s), purchased, taken delivery of and installed the required equipment on their mobile car wash trucks/units and purchased and taken delivery of the additional required equipment and supplies. Unless otherwise agreed in writing, Franchisee must commence full and continuous operation of the Franchised Business within sixty (60) calendar days of the date this Agreement is executed. Thereafter, Franchisee must continually operate the Franchised Business as a full-time business enterprise.

Franchisee understands that both Franchisee and Franchisor may be allowed more than sixty (60) days in case of unforeseen problems with delivery. Franchisee may delay delivery time and subsequently the length of time to the opening of their Franchised Business due to Franchisee’s inability to secure financing in a reasonable time. If Franchisee is delayed in commencing business operations for causes reasonably beyond the control of Franchisee, then the time for performance by Franchisee will be extended for a period equivalent to the time of the delay.

If this commencement of operation obligation is not fulfilled, Franchisor may terminate this Agreement.

— — — — —-

It would be wise to discuss strategies to address this issue in the franchise agreement if you are a franchising company or executive. In fact it is essential that you discuss this with a knowledgeable and experienced franchise attorney. Consider this in 2006.

Lance Winslow - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/wttbbs/

Tags: Franchise Agreements, , Opening of Business
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