What about “end-of-term” issues which was one of the biggest concerns of franchisees noted in the report?

Sarah Stowe

Much of the concern expressed in the Opportunity not Opportunism Report related to end-of-term arrangements and there are a number of targeted responses.

The Code will be amended to require franchisors to disclose the process that will apply in determining end-of-term arrangements including whether or not there exists a right of renewal beyond the term of the agreement.

The Governments response states that any exit arrangements should give due regard to the potential transferability of equity in the value of the business as a going concern although it is not clear whether this is simply an aspirational comment or whether it will somehow be legislatively mandated.

Code amendments will also require franchisors to inform franchisees, at least six months prior to the end of the franchise agreement, of their decision either to renew or not renew the franchise agreement.