, Derry, New Hampshire


November 8, 2012

Moving car hits parked car; driver is to blame


The franchiser, the owner of the idea, the trademarks and all the rest, pretty much has a license to tell the franchisee – that’s you, the one essentially paying for the right to sell their product or service under contract – how to go about the business.

Franchise agreements are usually cookie-cutter type of contracts. But, that is not to say there isn’t room for those in your position to negotiate. If you have not signed the contract yet, there is hope.

Have an attorney review the contract. The franchiser will claim this is a “standard contract.” But, contract law requires a meeting of the minds on both sides.

I’ve had individuals up against major “big guys” come to me with similar issues. Using a bit of common sense and bringing something to the table such as expertise, we have been able to knock out unreasonable intrusions into the devilish details.

So, the answer is yes, there is “wiggle room” to negotiate. Do it amicably and show that you have something to offer in exchange. Without legal representation, though, you will show them that you are not serious and will sign anything.


Andrew Myers of Derry has law offices in Derry and North Andover. He is a member of the American Association for Justice and the New Hampshire Trial Lawyers Association. Send questions to

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