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On the one hand, it is important to define the scope of this decision. The arguments of the Court of Justice apply to a particular situation where working conditions are determined by virtue of a law which adopts a very broad definition of the concept of `worker`. The Court expressly recognized that the definition of the law goes beyond the definition of general civil law. On the other hand, the Court also highlighted the very important level of control exercised by the franchisee which, as has already been said, goes beyond what usually characterizes the relationship between a franchisee and his franchisee. 4. I still see start-up franchisors – or US-based franchisors expanding into Canada – that have not yet registered their Canadian trademarks. Part of what a franchisee expects when acquiring a franchise is the right to use the franchisee`s brand and mark. If the franchisor does not have a registered Canadian trademark, how can the franchisee legitimately grant trademark rights? And how can the franchise be worth what the franchisee has to pay for the rights if there is no brand? What if the trademark is not registered in Canada because it is similar or identical to another Canadian trademark? The tripartite financing agreement is aimed at those who are generally young and inexperienced with compromised solvency and who do not have the necessary cash contribution. Potential franchisees benefit from a reduction in own contribution rates and minimum security requirements (20%), a five-year repayment period at prevailing primary interest rates, a dedicated franchise business manager and a free two-day accredited financial management course. Those who do not have the security of investment have access to financing with the help of Nedbank.

Franchisees invest a basic deposit of R12,000 in cash instead of the R550,000 standard. The balance of the total investment is financed by Nedbank, including working capital. Brimstone will provide assurance of part of the franchisee`s commitment. Once you have limited your list of Canadian franchises. The old proverb “location, location, location” has proven to be one of the truest statements one can make about a company`s success, and franchises are no exception. The decision to place a franchise is one of the most important decisions to make before a franchise is made available to the public. But first, you need to find out who takes control of the lease in a franchise relationship, and any franchise system can treat that element differently. 3.