Establish Statutory Agreements Essay Project
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages Description/Paper Instructions
Establish Statutory Agreements Essay Project
The Scenario
As a part of the Restaurant’s long-range marketing plan, your company purchased property nationwide from the now-bankrupted “Sahara Desert Dish” franchise properties. Based on your Discussion and Strategic Plan results, your company agreed that it was time to launch its nationwide strategy rolling out the company’s patented dessert brand, “Brain Freeze.” Your company’s financial information indicates the company now has a healthy portfolio of investments, product revenue, and cash on hand.
The Restaurant’s dessert menu has produced an exceptional revenue stream. These products can easily be marketed as a standalone venture. The company portfolio includes the Sahara Desert Dish property purchased in anticipation of this day. The properties are all in upscale locations that easily support the Restaurant’s thematic Desert menu.
“Sally, ‘It’s now or, never’ you state, we need to start the implementation of our Franchise Division.” Sally was taken aback by your use of her previous statement. Seeming a little concerned about the plan interfering with her entering the competition for the third Gold Star, you reassure her. “If Wolfgang Puck can open up gourmet pizza shops, that’s the only incentive we need to startup our Desert franchise operation.” Sally fires back, “You’re the one studying business law! Why did it take you so long to bring it up?” Sally continues, “Start working on the documents, and I’ll get started on creating the franchise operations menu and food handling processes.”
In your Discussion, you covered all of the eventualities companies face in expansion periods. Your companies initial investment in the purchase of bankrupt properties has placed the company in a growth position. The commercial paper securing the properties is almost paid off. Converting the properties into a new enterprise will reduce the carrying cost and increase the current revenue streams by a minimum of 20%. Franchise Licensing Fees and property leasing rentals will initially bump revenue by approximately 35%.
To start your review, first, research the requirements required to establish a legally recognized Franchise operation. Using the Strategic Business Plan and the other resources you now have, complete the Franchise feasibility information and determine what steps are needed to enter this highly competitive area. Review the resources and respond to the Assignment.
Your Assignment
Part 1
Assignment: Feasibility of Franchise Expansion:
This is a Blue Font exercise: Complete the document using a readable Blue Font.
In Assignment 9.3, you will collect data from your past assignments to develop your outline of franchise business information that you will need to complete the final project in Assignment 9.4. To fully understand the nature of a Franchise operation, review the SBA information, Forms 505, 506, and then complete the Questions in the Basic Franchise Document and the Chart in the Test for Feasibility Documents below.
- The Checklist for The Basic Franchise Agreement (DOCX)
- SBA Introduction to Franchising (PDF)
- Test for Franchise Feasibility (DOCX)
- Form 505 (DOCX)
- Form 506 (DOCX)
Review Form 505 Drafting Guide, follow the research outlining the required steps and issues you would potentially encounter developing the required document between the Franchisor and Franchisee, the Franchise Agreement. Document 505 establishes various litigation, state, and federal statutory requirements. Review each category listed using the link and review material. You must review this material to comprehend the statutory and legal guidance required to edit and complete the Franchise Agreement in Assignment 9.4.
Review Form 506 list of issues and limits available for consideration in completing the Checklist questions/answers to revise and draft the agreement. The questions in 506 are stated, for example, as the question below.
- — Nature and extent of the rights granted to the Franchisees.
- — Duration of franchise period.
- — Exclusiveness of franchise.
- — Authorized use of a trademark.
This question seeks the limits on three grants to the Franchisee, (1) Duration, (2) Exclusiveness, and (3) Authority. The question asks the Nature (Type) and the Extent (Range or scope) of the rights granted to your Franchisees. The Duration issue asks “what period” (how long) will Franchisee be granted to exercise authority over rights in the agreement, such as the number of years the Franchise will last, are the rights exclusive or non-exclusive (This could be a state or local geographic designation (i.e., State of Ohio, or two city block in the southwest of downtown), use of IP and extent of the right(s) granted.
This Assignment does not call for simply checking boxes on the form. The questions require research and business decisions for your company to establish franchise rights and limitations offered to Franchisees during their operation and ownership of a Franchise. Do not approach this assignment as a lawyer but as the owner of a Franchise. Determine your companies business interest, the profit you wish to achieve, and the rights you want to protect in your Franchise business. Your company’s business strategy will determine the right you grant to Franchisees. Franchises become an extension of your Franchise organization and must meet your company goals.
In the next step, answer the questions listed in the BASIC FRANCHISE AGREEMENT TERMS – CHECKLIST. Franchise agreements vary from state to state and sometimes franchise to franchise, so it’s impossible to identify every term and issue for consistency in all situations. Some terms require negotiating between the parties. Redraft the Franchise Agreement using the information you collected in Assignment 9.3 and the 9.4 Checklist. The Franchise Agreement lists the terms and conditions governing your franchise’s ownership and the Franchisee’s rights. This Assignment does not call for simply checking boxes. Provide thoughtful responses to the issues outlining how to operate the Franchise business. Clarify the Franchiees’ operation rights; redrafting the Rights and Limitations Clauses.
The “Test for Franchise Feasibility” Document must be completed using the parameters established in your review of the Franchise operation. Your ratings of the business readiness position required to establish a Franchise Operation will be based on the answers you develop for the Checklist Questions.
- Assignmentsrequired to be uploaded:
o The Checklist for The Basic Franchise Agreement
o Test for Franchise Feasibility
RUBRIC
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper. GET THIS PROJECT NOW BY CLICKING ON THIS LINK TO PLACE THE ORDER
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