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'Now for Something Completely Different'

No franchise agreement, despite its length and the genius of its drafting, anticipates all commercial realities and advances over its intended life span. For example, until the mid-to-late 1990s, the Internet was a novelty of the military, academia, and entertainment industry, and it formed no part of the commercial landscape for business format franchises. As franchise systems and methods of operation evolve in our technological society, how much of the future should the draftsperson attempt to enmesh in the agreement? Perhaps this issue is less of a concern than first thought. The answer may lie in a doctrine that is, ironically, viewed by franchisors with less favor.

18 minute read September 16, 2003 at 11:23 AM
By
Joel R. Buckberg
'Now for Something Completely Different'

No franchise agreement, despite its length and the genius of its drafting, anticipates all commercial realities and advances over its intended life span.

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