Are there 10 worthwhile spouse/clients in the +1,000 CDN Tim Hortons franchisee group?

February 18, 2015

Not likely because of their husband’s pride and material success.

Talent Vonnegut

If anyone can “save” Tim Hortons from the pirates, I can.

Conditions

  • 10 franchisees/business partners (both partners, self-organized),
  • introductory meeting at one of their homes (with 3 couples plus Les),
  • confidentiality and exclusive agreement,
  • $50,000 each deposited in trust for litigation fund,
  • $5,000 per month per family (pre-authorized withdrawal), and
  • a percentage on the end (vig).

Why I would want to work with any franchisee (ever again in my entire life) is a very, very good question.

“There is no reason why good cannot triumph as often as evil. The triumph of anything is a matter of organization. If there are such things as angels, I hope that they are organized along the lines of the Mafia.”


It will be very tempting for Tim Hortons male franchisees to follow false franchise bar prophets.

January 30, 2015

Who you decide to trust is not just a matter of economic loss.

Eve

Tim Hortons franchisees are under unbelievable pressure to do something.

Brand name franchise lawyers:(95% of their long-term business is from franchisors)

Watch out for false prophets. They come to you in sheep’s clothing, but inwardly they are ferocious wolves. By their fruit you will recognize them. Do people pick grapes from thorn bushes, or figs from thistles? Likewise every good tree bears good fruit, but a bad tree bears bad fruit. A good tree cannot bear bad fruit, and a bad tree cannot bear good fruit. Every tree that does not bear good fruit is cut down and thrown into the fire. Thus, by their fruit you will recognize them. Matthew 7:15–23

False prophet: defintion

I encourage all franchisees to talk to their spouses because (after all) she’s responsible for 50% of your future decisions, good and bad.

The burnt hand tends to teach well.


Which is the most powerful and misunderstood provision of the most-feared franchise law in the world?

January 13, 2015

Section 4, Right to Associate, Ontario, Canada’s Arthur Wishart Act (Franchise Disclosure) 2000.

Right to Associate

As sure as water flows downhill, this will lead to franchisee-led, not lawyer-thwarted:

  1. trademark-specific WordPress weblog (then a Wikidot.com wiki),
  2. small groups of franchisees commissioning research (sharing cost information),
  3. non-lawyer franchise expert coach consulting,
  4. an independent franchisee association (no franchise bar involvement),
  5. shared services, supply co-operative(s),
  6. non-franchise bar case preparation, and
  7. equity and gross margin protection.

The Right to Associate provision (the de facto CDN standard and what all franchisees in the world aspire to for justice) is one last conceptual obstacle preventing franchisees from taking their appropriate seat at the adult’s table.

Proof?: after 14-15 years, the CDN franchise bar has filtered each attempt to plead Right to Associate (trial and appeal), thereby, defeating the ON justices from activating its potential.

The ON Superior Court of Justice will make the link to Section 2 of the Canadian Charter of Rights and Freedoms.

ON Surperior Court of Justice

Cross-posted on the Canadian Alliance of Franchise Operators website (CDNafo.ca)


Use legal, organizational and technological leverage to move your franchisor

November 9, 2011

Multiply your efforts by using the laws of our society intelligently.

Accelerating Relationship Leverage

A private for-profit corporation (anonymous franchisee shareholders) AND a 100% locked-down, franchise law-specific indexed document database (wiki) pivoting WITH a highly public attorneyless franchise network.

Benefits

  • solves the information and resource imbalance endemic in franchising,
  • takes less than 3.0 per cent of franchisees needed to start as shareholders,
  • valuation of for-profit calculated annually (franchisees will clamour for 0.1% share in 5 years),
  • allows innovators and early adopters to carry at first,
  • focuses attention on a single, credible voice for franchisees that is respected because it is in the franchisor’s  self-interest to do so,
  • shareholder anonymity balanced with managerial control (no one shareholder can highjack the agenda),
  • accesses the most cautious investors (overcomes stigma of betrayals and organizational collapse),
  • retains franchisee “equity” (for-profit franchisee corp. directly aims to support and increase re-sale value),
  • prevents much of future franchisor opportunism: self-interest with deceit (franchisee cost avoidance),
  • voluntarily shifts capital from franchisee’s “equity” (temporary, illusory) to group equity (real),
  • more able to reform system rather than just legally fight and be forced to leave,
  • facilitates: vendor programs, franchisee self-borrowing, stock purchase PADs, training, life:work balance,  buying/selling franchises,
  • each franchisee is issued a membership in the attorneyless franchise network and a share in the for-profit corporation (one share),
  • enables former franchisees to invest (if desired),
  • strategically positioned to defend against private equity vultures,
  • builds trust with shareholder group (external investments, reducing risks, development),
  • accesses and retains expertise that dues-paying organizations cannot afford, and
  • capitalizes on the fact that CDN, ON Court decisions have shifted economics on dispute resolution in franchisees’ favour.

Costs

  • takes time, need for long-term perspective,
  • 24 franchisee shareholders to start “risking” 2% of their cash they’ve made in the last 10 years,
  • requires patient shareholders (no interest payable initially).

Why franchisees need $1-million cash in the bank

November 9, 2011

To have profitable peace with  your franchisor, you better be preparing for war.

Listen to George:

Pacifism is objectively pro-fascist. This is elementary common sense. If you hamper the war effort of one side, you automatically help out that of the other. Nor is there any real way of remaining outside such a war as the present one. In practice, ‘he that is not with me is against me.’

If you turn the other cheek, you will get a harder blow on it than you got on the first one. This does not always happen, but it is to be expected, and you ought not to complain if it does happen.

War against a foreign country only happens when the moneyed classes think they are going to profit from it.

We sleep safe in our beds because rough men stand ready in the night to visit violence on those who would do us harm.

George Orwell


Only interested in a Band-aid solution to franchisor over-reaching?

October 21, 2011

Write your issue bitch on a post it and put it on the wall.

Choose the most severe one and sue your franchisor.

  • Won’t they just take the $ back via another way in a few months?

Thirty problems? Hell no: 1 problem with 30 manifestations.

The 1 Problem: Opportunism

  • the unfair exercise of franchisor discretion within the necessarily incomplete contract.
  •  self-interest with deceit.

To stop opportunism: create and maintain an indexed document database/wiki that is owned by a well-run and monitored franchisee association.

  • Indpendently, command the information high ground and you’ll buy your business back rather than rent a few $ in short-term litigation.

Otherwise, Dance band on the Titanic.


How to drive the franchising elite insane

October 19, 2011

Chris Hedges has seen power collapse often.

  • Each system — leaderless movement

Video:

0:49 – movements reveal fundamental truths, expose corruption, decay

1:40 – the end comes quickly as he foot solders of the elite look the other way, the elite are defenseless

2:53 – characteristics of Occupy Wall Street: non-hierarchical, won’t be baited into violence, can’t be destroyed, full transparency, rotate leadership

4:55 – no danger of being co-opted

Hedges on Truthdig


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