The legal terms of your franchise agreement may make it difficult to exit without a fight. Carefully consider your decision and weigh the pros and cons before taking any action. These are just a few signs it might be time to look for a way out.
When in doubt, ask yourself this: if you didn’t already own this franchise, would you buy it today? If the answer is no, it might be a sign that it’s time for you and your franchise to part ways.
In most cases, a franchisee cannot simply get out of a franchise without good reason. Franchise agreements are binding contracts for a set period of time, and you are obligated to fulfill your end of the bargain even if the franchise is no longer profitable.
This doesn’t mean you’re without options, however. There are several different ways to get out of a franchise even if your term is still ongoing. If you’ve been feeling burnt out or have accrued significant debt running your franchise, you may be able to walk away.
Some business owners feel bound to their franchise by the sunk cost fallacy. They feel that after investing so much into their franchise, exiting is the same as admitting defeat. This mindset keeps owners bound to failing franchises for far too long.
It’s important to reframe this mindset: for most people, owning a franchise forever is not the goal. The goal is to create a path to income and financial freedom. If these conditions are no longer being met, then the franchise has outlived its usefulness. In this case, exiting is not surrender; it’s a strategic retreat that preserves the potential for future success.
A franchise agreement usually lays out the conditions under which it can be terminated. Reviewing the agreement with a franchise lawyer can help you understand your options. It’s important to fully understand what you can and can’t do according to your contract before you try to get out of a franchise.
Four common franchise exit options to consider, each with its own pros and cons.
Your franchise agreement should contain information about how disputes must be handled. If so, base your decisions on the contract. These provisions help you navigate potential termination while avoiding court, if possible.
Usually, this process involves negotiation, mediation, and arbitration, with litigation as a last-ditch option if no amicable solution is reached.
Selling to an outside buyer is usually the preferred way to exit a franchise. Even a struggling franchise location may still offer value through equipment or territory rights. However, prolonged losses can affect your ability to attract a buyer. Start the selling process as soon as possible to maximize seller interest.
The corporate office must approve the new buyer to ensure they meet franchise operating standards. Usually, the franchise’s parent company has the right to match an outside buyer’s offer, so be aware this may happen.
If selling to an outside buyer isn’t an option, a buyout may be another way to recoup some of your costs. In this case, the parent company of the franchise may step in to buy the franchise back from you.
The terms for a buyout are usually laid out in your franchise agreement, which may limit your flexibility in negotiating pricing. Educate yourself on what this will mean for you before initiating the buyout option.
Most franchise agreements require legal grounds for franchisee termination. Business failure alone is usually not enough cause to exit a franchise unless the agreement specifically allows it.
However, a franchise lawyer may be able to help you determine whether the franchisor has failed to hold up their end of the agreement, giving you grounds to pursue termination.
Knowing how and when to get out of a franchise can be one of the most difficult decisions a business owner faces. With a clear understanding of the franchise agreement, a realistic assessment of the business, and a well-developed exit plan, a franchise owner can approach the process as a strategic business decision rather than an emotional reaction.
Do you think it’s time to get out of a franchise? An experienced business coach and attorney can help you evaluate your options from an objective third-party perspective. Fill out my contact form to schedule a free video call, and let’s talk. For more entrepreneurship tips, sign up for my email newsletter to have my weekly article delivered straight to your inbox.
Coach Dave
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