Franchise Agreements, Governing Law and Jurisdiction Issues

In franchising franchisors can end up spending huge monies on attorney fees and worse off find them selves simultaneously fighting legal battles in multiple jurisdictions over often frivolous lawsuits brought on by non-performing franchisees and their professional parasites.After watching other franchisors become legally embattled it became apparent to me that our company needed a hedge in this issue. Although we never had this problem I witnessed other franchise get off their game and lose focus on the market and their companies. So, I decided to add this clause to our franchise agreements;

7. MISCELLANEOUS7.1 Governing LawThis Agreement has been accepted and made in the State of ________, United States and all rights hereunder will be governed by and interpreted under the internal laws (and not the law of conflict of laws) of the State of Arizona.7.3 WaiverA waiver of any default or breach of any provision, term, covenant, or condition of this
Franchise Agreement will not be a waiver of any subsequent breach of the same or any
other provision, term, covenant, or condition.Any waiver of any provision of this Agreement must be set forth in writing and signed by the party granting the waiver. Any waiver Franchisor grants will not prejudice any other rights Franchisor may have, and will be subject to Franchisor’s continuing review. Franchisor may revoke any waiver, in its sole discretion, at any time and for any reason, effective upon delivery to Franchisee of ten (10) days prior written notice of revocation.By written notice, Franchisor unilaterally may waive any obligation of Franchisee, their principals, or the guarantors.

Our consent, whenever required, may be arbitrarily withheld if Franchisee are in default under this Franchise Agreement.——— ———— ———–If you are a franchisor perhaps you should run this by your attorney [professional over billing parasite-opinion] to see if such a concept would be right for you. Often these clauses are not allowed in many jurisdictions, but if you’re a dealing with International Interests or regions in country where such clauses are allowed it might be something to ask your lawyer about, who knows? Consider all this in 2006.

Effective Business Management Unites Education and Training with Corporate Coaching

Business management spends billions of dollars in corporate training and education. According to a report released in early 2006, the U.S. corporate education and training market exceeded $46 billion. Additionally, business management and leadership training captured the largest percentage of program dollars with developing new and existing management along with succession planning. (Source: Bersin & Associates)With training budgets increasing and the additional focus on leadership and management development because people do not leave organizations they leave managers, achieving higher levels of positive return on investment (ROI) makes sense. Research supports that to increase training ROI begins by including coaching as an effective tactic.In a 2001 study completed by Dr. Merrill Anderson, of MetrixGlobal, for a Fortune 500 company coaching can produce a 529 per cent ROI. Additional studies since that time confirm the positive affect of coaching. Business management executives are now employing a new learning strategy that combines education and training with coaching. This is initiative is corporate coaching. So what is corporate coaching?

Simply speaking, corporate coaching extends existing learning or what some call training by infusing one on one executive coaching within the education, training and development sessions to achieve performance improvement that generates a positive ROI. Corporate coaching is always aligned with the strategic plan and the organization’s current goals and provides a vehicle to reinforce current learning as well as a way to make necessary course corrections through both individual and team perspectives. Corporate objectives are achieved much quicker allowing for a better competitive advantage.NOTE:What corporate coaching is not – any program that cannot be aligned to the strategic plan and lacks a structured process that does not focus on pre-determined measurable results.How does corporate coaching work? The answer to that question is “that depends.” Corporate coaching is flexible and may be included within the training schedules or upon completion of the training. The real issue is to find a corporate coaching process that is results focused and uses proven tools that build the What’s in it for me (WIIFM) leading to the What’s in it for us (WIIFU). Effective corporate coaching works to further internalize the identified learning objectives and quantifies those efforts on a regular basis through consistent goal achievement.

How do I find a corporate coach? That is a very good question since many coaches whether a certified coach or not are now offering corporate coaching services. Possibly, the best way is to find a coach who:
Is results focused
Has a demonstrated record of success that is quantifiably measurable
Has both proven developmental processes and tools that work with the strengths of your organization.
Remember, companies win because of their strengths not their weaknesses. Corporate coaching allows you to further capitalize on those very strengths that made your company what it is.

Fashion and Accessories Home-Based Business

If fashion is what your language is, then you can be good at fashion and accessories making home-based business. The world is thrilled with the enhancement that fashionable items and artistic outputs can do. Life could be dull without fashionable clothes, creative beads and pieces, beautiful shoes, nice costume jewelries, and modern bags. Young and old individuals are more open-minded in carrying what’s in. Women have become trendier while men have started to dress for the day-with or without occasion.

To start a fashion and accessories business, you must be aware of latest trends in dress and apparels. Be aware that your competitors are malls and shops that are mushrooming everywhere but be challenged to provide what they cannot which is house-to-house transaction. Your clients need not spend money for gasoline just to travel to the shops to get a new pair of accessories or dress. There are two options you can choose in venturing into fashion and accessories business. First is that you can get good deals from wholesalers and producers of signature and non-signed brands that are sellable. Second is that you can create your own line of jewelries, accessories, bags, shoes and watches. Whatever products you will be specializing on, you must zero it down to establish a more specific identity as a company.

If you will be creating your original clothing pieces and costume jewelries, you must be largely creative in terms of fashion and jewelry designing. This could be a greater challenge and test as to what extent you are capable for producing. You might need extra hand to create multiple products to suffice multiple orders. Always be ready to set reasonable prices for your customers.

Benefits of Holidays and Vacations

As a frontline medical practitioner for over 20 years, I have been actively encouraging and motivating my patients, relatives, friends and other people to take holidays and vacations on a regular basis. Except for those people who have serious medical conditions, there are no restrictions to travel and enjoy holidays. Even the elderly, disabled or pregnant women (within 28 weeks of pregnancy) can travel as much as anybody else. The benefits of holidays and vacations are numerous, both short-term and long-term, but most people fail to appreciate the benefits. As a result, only a small percentage of people worldwide travel and harvest the benefits of holidays and vacations. Research has shown that even workers who are offered paid vacations by their organizations do not take advantage of such offers to take some weeks off their work.In this article, I will briefly highlight some benefits of holidays and vacations.Longer and healthier lifeA recent survey conducted by the State University of New York has shown that people who take holidays regularly every year reduce their risk of early death by about 20 percent. The survey also revealed that those who did not take any holiday in 5 years faced the highest death rate risk, along with higher incidence of heart diseases. This can be explained by the fact that during holidays people are happier, relaxed, carefree, spending more time with family and loved ones, and away from the regular stressing environment. A happy relaxed life increases longevity.

Improvement in mental healthOne study conducted by the Marshfield Clinic, Marshfield and published in Wisconsin Medical Journal showed that women who went on frequent vacations had lower susceptibility to depression, tiredness, or tensions and they were more satisfied with their marriages. Women who took rare vacations displayed higher stress levels in their homes, felt more exhausted and tired and slept lesser. It is without doubt that regular holidays will not just unwind people from the stress accumulated during the day to day hectic life in the short-term but also will improve the overall mental and psychological well-being of an individual in the long-term. Many researchers have shown that depression increases the chances of heart disease. Since holidays provide a break from the normal boring routine, they also help in relieving the symptoms of depression.Revamping of relationshipsThe always busy, work-obsessed and chronically duty-minded culture of people of modern life has indeed taken a heavy toll not only on our physical and mental health but also on our relationships. People do not have much time to spend with their partners, children or families. As a result, there is disharmony in the family, children are not looked after well and there is increased tension between partners, which has resulted in increased number of separations, divorce and other marital conflicts. Taking regular breaks from work and enjoying holidays and vacations not only revamps the strained and estranged relationships but also renews, revitalizes and strengthens family relationships and bonds.Improvement in self-confidenceWhen we travel, we encounter various types of situations and meet different kinds of people. Such encounters improve our self-confidence. It also helps improve our social skills and prepare us for unexpected or unknown.Creative inspiration through holidayingWhen we do the same thing again and again, it becomes monotonous and stereotyped. This is what has happened to us in today’s world. We have become victims of monotony that has gradually crept into our system and destroyed our creative abilities, new thinking processes, and inspirational opportunities. When we travel, we come across new situations and different environments. Such situations can induce and help develop the creativity within us.Increase in productivity Many studies have shown that holidays not only motivate people to work better but the relief from the monotony also rejuvenates people, resulting in higher productivity.Seeking adventureHolidaying is a time to pump adrenalin for many adventure lovers. This is a chance to make their dream come true and try many daring sports and adventures, such as, bungee jumping, water rafting, surfing, mountaineering and many others. Such adventures give people a sense of achievement and happiness.

Mental and psychological escapeMany people these days view holidaying as a form of mental or psychological escape. The change in atmosphere, climate, scenery, quiet surroundings, slow pace of life, and clean air is regarded by many travelers as pathway to happiness and spirituality.Improve physical fitness, and lose weight tooObesity has become a global epidemic. Holidays and vacations can at least induce people to do some form of exercise. They have more time and any form of physical activity (and away from TV and video games!) can help lose weight. If they can continue the same sort of exercises once they are back home, it can at least help people change their habit and lose some weight at the same time. Losing weight not only improves the physical fitness and appearance of a person but also reduces the chances of getting depression, some cancers, heart diseases and other conditions.In conclusion, holidays and vacations not only bring joy, excitements, fun and break in the usual monotony of life, but they also have far reaching effects in the long-term including improvement in physical and mental wellbeing, longer and happier life, revamping relationships, improving self confidence and productivity, and instilling creative inspiration within us.