Comment #13 From: JMANUSZAK@aol.com
To: HQ.HQ02(franpr)
Date: 4/20/97 9:44pm
Subject: UFOC comments regarding
Franchisee/Franchisor relations
I am a franchise owner of Domino's Pizza. I would like
to reiterate a few comments which are relevant regarding
the proposed changes with a UFOC. This proposed change
does not protect the franchisee with unforseen changes
which may occur after the contract is signed. It is my
opinon the FTC should prohibit franchisors from:
- 1. requiring outgoing franchisees to sign
confidentiality statements or gag orders that
stop them from discussing their situation with
prospective or existing franchisees;
-
- 2. requiring franchisees to sign general releases
and waivers, forcing them to give up all their
legal rights and claims;
-
- 3. requiring franchisees to sign contracts that
contain integration clauses which specifically
allow franchisors to make false statements and
then hide behind their contracts; and
-
- 4. requiring franchisees to sign post-term
covenants not-to-compete which then prevent them
from earning a living.
The FTC should take action against franchisors who
intimidate or retaliate against their franchisees,
directly or indirectly, for getting together for any
legitimate business purpose.
The FTC should mandate that franchisors disclose the
existence and identity of all franchisee associations
within their systems to all potential and existing
franchisees. Along this same line, the FTC should mandate
that the franchisor make available to all franchisee
associations in their system the current list of
franchisees in the system on an ongoing basis.
The FTC should begin dealing with issues important to
current franchisees. These include:
- 1. devaluing of franchisee assets through
encroachment (a franchisor that opens, moves or
franchises a unit at the edge of the existing
area of another franchisee reduces the value of
that existing franchisee's asset);
-
- 2. restraining trade by restricted the
franchisees' ability to use local suppliers; (a
franchisor that operates an exclusive
distribution system reduces the profits of
franchisees by charging uncompetitive prices);
-
- 3. refusing to be accountable in franchisors' use
of franchisees' advertising funds (a franchisor
that refuses to be accountable to franchisees for
marketing fund expenditures may use money in an
unfair way that reduces the value of these funds
to franchisees).
Thank you.
Kind regards,
Joseph Manuszak
President
L. B. Zak, Ltd.
P. O. Box 141036
Grand Rapids, MI
49514-1036
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