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EMERGENCY FRAUD ALERT

Author Richard Solomon is a Franchise Lawyer with four decades of experience in business development, antitrust and franchise law, management counseling and dispute resolution including trials and crisis management.

         You are not required to sign any agreement in order to get franchise disclosure materials (The UFOC), except that you are normally asked to sign and return a receipt to acknowledge that you actually received the materials.

         If any franchisor asks or requires you to sign any agreement of any kind whatsoever - especially a non disclosure agreement, but certainly not limited to that – don’t sign it and move on. Do not have any further contact with that franchisor. That franchise is per se not investment worthy, and the franchisor is, in my opinion, trying to pull a fast one.

         The same warning applies if they want you to sign anything at all before you go to “Discovery Day”. You are dealing with a bozo franchise and they are just looking to get a handle on you so that they can threaten you if you don’t buy the franchise and decide to do anything else on your own that may be in a similar business. Don’t sign it and don’t go to discovery day with anyone like that. These are vicious and dangerous people, to be avoided.

         These are devices now being used  by people who really have nothing unique or special, and whose business can easily be done without signing any agreements with them. They are using the threat of potential lawsuits against you under whatever it is that they are asking you to sign as a tool of their marketing program, and you may not realize that in time to avoid the problem.  Some of these awful people are in California, and one would expect the California enforcement authorities to put a stop to it – but they aren’t doing anything about it.

         THE ONLY THING YOU SHOULD CONSIDER SIGNING IS A SIMPLE ONE SENTENCE RECEIPT THAT SAYS NOTHING – ABSOLUTELY NOTHING – OTHER THAN THE SIMPLE STATEMENT THAT YOU RECEIVED THEIR UFOC ON A STATED DATE. IF IT SAYS ANYTHING OTHER THAN THAT SIMPLE STATEMENT, DON’T SIGN IT.

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Licensing, Technology Transfers,
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