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So, You Want to Terminate? Some Do’s and Don’ts

By March 6, 2024 No Comments

I.        Introduction

A.      The basic considerations are the same for terminating a distribution, dealership, and franchise agreement.

B.      Franchisors have the right to select unilaterally those with whom they deal and to exercise their own discretion in continuing or terminating existing franchises. Midwestern Waffles, Inc. v. Waffle House, Inc., 734 F.2d 705 (11th Cir. 1984)

C.       Contractual provisions for termination of the franchise agreement by one of the parties under certain specified conditions and in the manner provided are generally valid and binding on the contracting parties and will be enforce as written. McDonald’s Corp. v. Robertson, 147 F.3d 1301 (11th Cir. 1998).

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