This is why it is IMPERATIVE that EVERY owner join and support the NOA!. Corp wont raise a finger to help you!!!!!
NOA is an independent, self-funded association of current and retired McDonald’s Owners & Suppliers. NOA allows for retention of external expertise and resources in alternative dispute resolution, including experts in franchise law and legislation, to support Owners. NOA provides on-going advocacy while working to restore the Owner-led culture.
This Universal Franchisee Bill of Rights is a fairness doctrine. It has been developed by franchisees in multiple systems and industries to identify the basic terms of fairness that are missing in their franchise agreements, and must be restored to ensure the success and growth of the franchise systems.
1. Freedom of Association: A franchisee may freely associate with other franchisees or associations. 2. Good Faith and Fair Dealing: A franchisee may rely on a franchisor’s good faith, fairness, exercise of due care, and performance including the administration of; advertising, rewards programs, marketing funds, and franchise or development agreements. 3. Uniform Application of Brand Standards: Franchisors shall maintain consistent operating standards under a specific franchise system brand name and uniformly apply such standards in a non-discriminatory manner. 4. Full Disclosure Regarding Fees Collected From Franchisees: A franchisor shall make available to the franchisee all records of marketing, rewards programs, and related fees that have been paid by franchisees, vendors, suppliers, and licensees. 5. Right to Price: A franchisee may establish the price of goods and services it sells. 6. Fair Sourcing of Goods and Services: A franchisee, or franchisee purchasing cooperative, may purchase, from any vendor, goods and services that meet the formally established standards of the franchisor. 7. Right to Renew the Franchise: A franchisee may renew its franchise under terms free of unreasonable costs and or stipulations. 8. Right to Transfer: A franchisee shall have a right to transfer its franchise to a qualified purchaser, including, but not limited to, family members or business partners, without unreasonable costs, stipulations or penalties. 9. Encroachment: A franchisee shall have specific market protection wherein the franchisor shall not materially impact the franchisee’s business, or allow another entity with the same or a similar brand to operate. 10. Ample Notice of Significant Change; Franchisee Termination Rights: Notice of significant change to the franchise system shall be given in a reasonable time prior to required changes. A franchisee may terminate without penalty, or liquidated damages, if a change to the franchise system would cause substantial negative impact or if the franchisee is experiencing substantial financial hardship. Under such termination any non-competition covenant shall be void. 11. Default; Franchise Termination Rights: Prior to franchise agreement termination, the franchisee shall be given detailed reasons for alleged default and reasonable time to cure. Termination shall not occur without good cause, and termination shall not compel payments of liquidated damages, and or early termination fees. All franchise agreement rights shall remain in full effect for any franchisee not in default or that cured a default. A default under one franchise agreement shall not constitute a default under a different franchise agreement. 12. Fairness in Dispute Resolution: A franchisee may elect to have all dispute resolution proceedings and legal action occur in the local venue of the franchisee and shall not be required to submit to mandatory binding arbitration. 13. Equity and Property Rights: A franchisee has equity in their business, has made a substantial investment in their business and shall have the right to monetize that equity and investment prior to the expiration or termination of the franchise.
Thank you NOA members for your commitment to our People and The Brand. Thank you for your collaboration, your friendship, your encouragement and for your continuous support of the McFamily and the voice of the owner/operators, NOA. We are stronger as one.
McDonald’s management will NEVER adopt the bill of rights as depicted above. They have made it quite clear that we have no role in the business with the exception of being used to operate the actual business, even then we are “disposable” in their minds. They have no honor, they are dishonest, they do not keep their word and their clear intention is to find more levers that provide them with more control over each restaurant and franchisee. It is about power and control, no more, no less.
The question is what is their next move? What will they change their minds on next, what will they take away from franchisees next? What CAN they take away beyond raising rent?
Their path is clear- control, minimize experience/knowledge as an asset, remove institutional memory and take as much as possible out of the “operators” (NOT owners) pockets. I wouldn’t be surprised if they are actively working on a way to take us out completely and replace with “traditionally underrepresented groups” who have neither the experience or business expertise to know how things should be.
The Universal Franchisee Bill of Rights would be a state government law/document, NOT a MCD policy!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! It would apply to ALL franchisees, not just MCD.
MCD would have no choice but to comply or to be in violation of the law.
8 comments:
This is why it is IMPERATIVE that EVERY owner join and support the NOA!.
Corp wont raise a finger to help you!!!!!
NOA is an independent, self-funded association of current and retired McDonald’s Owners & Suppliers. NOA allows for retention of external expertise and resources in alternative dispute resolution, including experts in franchise law and legislation, to support Owners. NOA provides on-going advocacy while working to restore the Owner-led culture.
https://nationalownersassociation.com/join/
WE NEED THIS!!!!!!
Universal Franchisee Bill of Rights
This Universal Franchisee Bill of Rights is a fairness doctrine. It has been developed by franchisees in multiple systems and industries to identify the basic terms of fairness that are missing in their franchise agreements, and must be restored to ensure the success and growth of the franchise systems.
1. Freedom of Association: A franchisee may freely associate with other franchisees or associations.
2. Good Faith and Fair Dealing: A franchisee may rely on a franchisor’s good faith, fairness, exercise of due care, and performance including the administration of; advertising, rewards programs, marketing funds, and franchise or development agreements.
3. Uniform Application of Brand Standards: Franchisors shall maintain consistent operating standards under a specific franchise system brand name and uniformly apply such standards in a non-discriminatory manner.
4. Full Disclosure Regarding Fees Collected From Franchisees: A franchisor shall make available to the franchisee all records of marketing, rewards programs, and related fees that have been paid by franchisees, vendors, suppliers, and licensees.
5. Right to Price: A franchisee may establish the price of goods and services it sells.
6. Fair Sourcing of Goods and Services: A franchisee, or franchisee purchasing cooperative, may purchase, from any vendor, goods and services that meet the formally established standards of the franchisor.
7. Right to Renew the Franchise: A franchisee may renew its franchise under terms free of unreasonable costs and or stipulations.
8. Right to Transfer: A franchisee shall have a right to transfer its franchise to a qualified purchaser, including, but not limited to, family members or business partners, without unreasonable costs, stipulations or penalties.
9. Encroachment: A franchisee shall have specific market protection wherein the franchisor shall not materially impact the franchisee’s business, or allow another entity with the same or a similar brand to operate.
10. Ample Notice of Significant Change; Franchisee Termination Rights: Notice of significant change to the franchise system shall be given in a reasonable time prior to required changes. A franchisee may terminate without penalty, or liquidated damages, if a change to the franchise system would cause substantial negative impact or if the franchisee is experiencing substantial financial hardship. Under such termination any non-competition covenant shall be void.
11. Default; Franchise Termination Rights: Prior to franchise agreement termination, the franchisee shall be given detailed reasons for alleged default and reasonable time to cure. Termination shall not occur without good cause, and termination shall not compel payments of liquidated damages, and or early termination fees. All franchise agreement rights shall remain in full effect for any franchisee not in default or that cured a default. A default under one franchise agreement shall not constitute a default under a different franchise agreement.
12. Fairness in Dispute Resolution: A franchisee may elect to have all dispute resolution proceedings and legal action occur in the local venue of the franchisee and shall not be required to submit to mandatory binding arbitration.
13. Equity and Property Rights: A franchisee has equity in their business, has made a substantial investment in their business and shall have the right to monetize that equity and investment prior to the expiration or termination of the franchise.
The above came from: https://thecfainc.com/government-relations/universal-franchisee-bill-of-rights/
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FYI
The NOA is a member and supporter of the CFA
Thank you NOA members for your commitment to our People and The Brand. Thank you for your collaboration, your friendship, your encouragement and for your continuous support of the McFamily and the voice of the owner/operators, NOA.
We are stronger as one.
The Franchisee Bill of Rights is THE answer!
McDonald’s management will NEVER adopt the bill of rights as depicted above. They have made it quite clear that we have no role in the business with the exception of being used to operate the actual business, even then we are “disposable” in their minds. They have no honor, they are dishonest, they do not keep their word and their clear intention is to find more levers that provide them with more control over each restaurant and franchisee. It is about power and control, no more, no less.
The question is what is their next move? What will they change their minds on next, what will they take away from franchisees next? What CAN they take away beyond raising rent?
Their path is clear- control, minimize experience/knowledge as an asset, remove institutional memory and take as much as possible out of the “operators” (NOT owners) pockets. I wouldn’t be surprised if they are actively working on a way to take us out completely and replace with “traditionally underrepresented groups” who have neither the experience or business expertise to know how things should be.
The Universal Franchisee Bill of Rights would be a state government law/document, NOT a MCD policy!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! It would apply to ALL franchisees, not just MCD.
MCD would have no choice but to comply or to be in violation of the law.
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