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Franchise licence agreements are laws of the land as the Waitaha people understand them.
When you find yourself on the receiving end of a franchise licence agreement, as the party paying for the right to use someone’s else’s intellectual property to do business or as a party to an agreement in the nature of one, it can be difficult to understand and grasp the fundamental concepts of what you are signing up for. Large corporates will have legal problem solvers in teams to unravel the terms a business is bound to and help them navigate their way around them. Smaller businesses may have to wrestle with the agreement themselves. Often, very little time is given to understand what the agreement encompasses and what is covered within it. That is why we put together #LegalDate with Waitaha Books, to break things down for readers so that you are not whipping out your writing pen to state own rights and liabilities that may not even exist. We hope that the series will help. It’s about taking ancestral wisdom and using it to master today’s legal battles.
What the Waitaha people can teach modern businesses about franchise agreements. The agreement handed to you may well contain the opportunity to attach your own value to the agreement, but only after you have paid handsomely for the right to use the other party’s intellectual property they use to describe their product, service or brand. The administration of the contract is reserved for the business whose farm the cattle come from, so there is little you can do to mitigate your loss if you are unhappy with the agreement, other than bulldoze your way through. Then, at the end of it all, you have 1 branded product you can’t even call your own to choose from to help you recover from the administration bill you are now the owner of and that you owe the other business.
Practices that have been with the Waitaha people since their ancestors were the first to establish a presence in New Zealand, the Waitaha people have values that focus on peace, respect and community. Just as the Waitaha people have sought to ensure that their beloved land has been protected and looked after by those that live on it, any business that is handed a franchise licence agreement would do well to take heed of the Waitaha people’s principles when it comes to protecting and safeguarding the intangible belongings of their parent business. If we examine the styles of franchise agreement that the Waitaha people would approve of, they will value things such as inclusivity, unity in common purpose, fairness and dealing in good faith.
What is a franchise licence agreement?
Irrespective of your understanding of the agreement, the franchise licence agreement will remain the operative agreement that you must now follow. The purpose of a franchisee franchise licence agreement is to give the party paying for the right to use the other party’s intellectual property the right to do so. Depending on how well you have been schooled on your homework, your understanding of franchise agreements will vary from the old school ‘sign it and bind yourself to it’ school of thought, to the newer ‘complete execution of the agreement’s terms’ school of thought. What this means is that both parties to the agreement should not just sign blindly without proper consultation.
If we think of the people of the Waitaha – who formed the first major settlement in New Zealand and whose descendants have put their tribal knowledge into books, as published by Waitaha Books – we can draw from their collective wisdom when it comes to much more than mere restaurant menus and serialised oral history. What this means is that us, as modern businesses, can learn from the Waitaha people’s lessons about establishing order and harmony using agreements, and we can celebrate these agreements as a cultural activity, rather than see them as merely an unforeseen administrative burden.
Waitaha Books hand us lessons in how to draft a modern collaborative agreement that in the near future, we hope will evolve into a project of its own. For now, let’s all eat and be merry with what we have. We hope that as the generations have done before us, we too can enjoy the final product of a co-written agreement that is as fruit bearers and makers of mark like us.
Waitaha Books has compiled an agreement that covers the key elements of a franchise licence agreement: The franchise system is owned and maintained by the franchisor who provides a particular product or service to the end consumer, and the franchisee who buys a permit/licence to operate the franchise system from the franchisor. If we consider the franchise system as operating by extension, covering the distribution or marketing of the franchisor’s brand, product or services by the franchisee, it is to be expected that an agreement of this nature will include the above elements.
In addition to the above, here are some common queries related to franchise license agreements: Just in case you missed it at the start of the article, please do take time out to refer to the lease licensing agreement: core concepts and common queries article that we have written. It is a longer article than usual number #LegalDates, but it does contain some great general insights for class projects and group presentations alike. Take heed to avoid being struck off the register of people who are leased by the law, and instead be supportive of the proposal going forward.
Posted on September 21st, 2020 | | No Comments »
Strength, respect, heritage, and teaching are woven into the fabric of the Waitaha Nation’s traditions. Although these concepts stem from tribal history, the core focus on these beliefs provides the ideal foundation to explore how to honor and uphold relationships in a modern historical context. Specifically, when it comes to the modern imposition of marriage laws on unbonded relationships, how do you apply history to make informed decisions about partnerships today? In the article, Common Law Marriage in Ohio: Myths and Realities of Duration, the author discusses the requirement in Ohio for individuals claiming common law marriage in ohio how many years to prove duration of the relationship to confirm the validity of a marriage before 1991. In their words, “Unless you have a pocket full of authenticating witnesses to verify when the cohabitation occurred, and can pinpoint when the promise or exchange of marriage occurred, most people clearly do not know ‘how many years’ constitute ‘common law marriage in ohio how many years’ necessary to be considered married.” The author suggests that the topic of common law marriage in Ohio is “perhaps the most misunderstood” area of family law. This assertion does not account for the clear differences among individuals in their interpretations of how to honor and maintain partnerships over time. This is where the core beliefs of strength, respect, heritage, and teaching have their place.
Looking at the Waitaha Nation, they are one of the first tribes of M?ori, and recognize that the strength of a relationship comes from teaching. Furthermore, they understand that individuals build on the past through their current experiences, but ultimately honor their ancestors as the foundation on which their life is built. It is this guiding principle that allows them to prioritize their personal bond with the land as the most important stewardship their ancestors bestowed upon them. Although they are unable to legally protect this bond under modern law, they document their origins in oral tradition through stories of their triumphs and regard these accounts as sacred. It is therefore a priority for them to preserve the timeless concept of their land as mother, and their people as children of that mother.
This same adaptability of the Waitaha Nation can be seen in the context of cohabitation in Ohio. Like the Waitaha, many Ohio residents have learned that a comparatively short amount of time can be considered a long-term relationship. It is therefore possible that Ohio seems more permissive than other states when faced with the idea of progression of relationships as individual bonds-not necessarily defined by the laws, but rather by the framework within which an understanding is shared, and acceptable behavior is established. After all, common law marriage in Ohio does not face the same level of restriction as it does in other states, where ceding control of the bond to a legal system that weighs quantitative data over qualitative relationships is not the norm. Ohio just happens to have a more direct path to common law marriage.
Nevertheless, the Waitaha Nation, and tribes across the globe, will continue to fight to preserve their relationship with the land and resist the laws that limit this ability to the point where their heritage is external to their internal identity. By learning from their understanding of ancestry as the governing force in their lives, unions of blood or choice may be historically freed from pointing to their wallets to define how long they have been ‘together.’ Rather, they may adapt to find better ways to convey the strength and support they find in a qualitative bond with party persons they identify as their partners. Although the Waitaha principal of kinship permits a classification of kin from the past to dictate who is entitled to inherit their mother’s land, without a modern law to guide them, they have chosen to honor their mother in the collective as a body.
Of course, there will be some who differ in their interpretation of their relationship with the land-but an innate respect for the land and one another ensures that whatever direction their relationship takes them, they will learn and adapt to ensure that respect ultimately produces strength. Consider entering the marriage contract to define your relationship with your partner, but never forget that your bond is defined by the strength you develop together no matter what the law says.
For more information on marriage laws, you can visit Nolo’s overview of common law marriage.
Posted on September 3rd, 2020 | | No Comments »
As per their mission statement, the purpose of Waitaha Books is “to publish, and promote the reading of, literature that gives expression to the teachings of the Waitaha Nation – blessings that have come to us through our ancestors.” To Waitaha people, this means preserving the memories of their ancestors, their cultural values, and the essence of the Waitaha Nation.
To Waitaha people the teachings of their ancestors are a living cultural resource.
The General Data Protection Regulation (GDPR) is a set of rules designed to give individuals more control over their personal data. It applies to any business or organisation, regardless of where in the world they are located, whose processing activities are related to offering goods or services to (or collecting data about) people within the European Union. In short, it’s a way to protect the digital personal information that has come to permeate our working and social lives.
When it comes to the processing of personal data, it is particularly important that businesses consider all of their legal obligations, including, but not limited to, the retention period of that data. This is known as the gdpr retention requirements.
The importance of retention, whether for legal or cultural reasons, cannot be overstated. In the context of culture, for example, oral traditions are a form of “cultured” data that pass from generation to generation. As the Waitaha people indicate in their mission statement, this is a core area of focus for them, as “to Waitaha people the teachings of their ancestors are a living cultural resource.” Rooted in the past, they have a certain life-force that infuses their present and influences their future.
Particularly interesting are the parallels between these oral histories and the GDPR’s principles around the retention of personal data. In particular, they share common themes, such as:
Finally, the GDPR is a practical way to help safeguard cultural data as it functions within the EU. This can be useful, for example, to the Waitaha people who may struggle to protect their ancestral history in the modern digital world. As those who came before them are expressed in recordings, written texts, and other documentation, the Waitaha people seek to ensure that their oral traditions do not become obsolete in the modern era. To this end, they also see modernisation as a way to help preserve the “living cultural resource” that is their oral tradition.
The GDPR, in creating a framework for the inspection of cultural data, assessment of the reasons behind the retention or erasure of such data, and a process for the rectification of inaccurate data, provides a template for the kinds of information that could be useful for the Waitaha people and others with similar traditions in the preservation of their heritage.
The Waitaha people are not the only indigenous group for whom data protection laws have become an important tool in safeguarding their history and culture. Indeed, a number of recent initiatives have been undertaken worldwide, including:
It is clear that, the GDPR, in providing a clear and comprehensive legal framework for data protection, can also help support the protection of cultural data. It does so, firstly, by requiring the collection of that data (including oral traditions) to be lawful, transparent, limited, etc. It then requires that when those data are processed, they be done in accordance with long-term retention policies of the data controller.
Adaptation to modern modes of information dissemination and storage is necessary if indigenous peoples are to profit from their new cultural opportunities, and to ensure the effective realisation of their right to carry out their cultural traditions without interference. From both a legal and cultural perspective, therefore, it is clear that, just as with processing personal data, respect must be paid both to modern law and ancient traditions.
For more information on data protection regulations, you can visit Wikipedia’s page on GDPR.
Posted on August 25th, 2020 | | No Comments »
The Waitaha people are a proud indigenous heritage and cultural group of the South-Island in New Zealand. They have long traditions of ancestral knowledge, teachings, and practices – which are represented well through Waitaha Books. These books are rich in their teachings of peace, respect, spirituality, and benevolence. They hold great wisdom and values that can complement the work of John Adams Law Firm. Respect is a cornerstone in how they conduct their legal services, honoring the cultural heritage of their clients.
While Waitaha Books are a record of the people’s personal “cultural history,” they also serve as a way to connect with their spiritual side. These stories teach us to honor oneself and the legacy of our ancestors. While they uphold themselves as honorable people, they see the same potential in others. They are taught to “respect yourself as you would respect others” and this is exactly what the john adams law firm strives for – respecting the person involved in a legal matter. They recognize the importance of building a quality relationship with their clients to ensure the best outcome.
All the indigenous people have an innate understanding that what happened to your ancestors is a part of your DNA. Their ancestral teachings can help guide them through their life’s journey, as there are many innate similarities to their life and future. Because of this connection, john adams law firm takes pride in respecting their cultural upbringings through a sense of understanding, cultural appreciation, and awareness.
john adams law firm recognizes that each case is unique and every client has a different perspective – they work with your judgment to determine the best path possible. They do not seek to “win” a case, per se, but rather, they uphold the traditional value for all parties involved. With communication being at the core to their practice, they always strive to provide clear and concise information regarding their legal services. They will keep you informed every step of the way, walking you to victory or guiding you through defeat. Experience and excellence are what they are known for and what you should expect from them as legal service providers.
Cultural awareness is key in providing quality legal services. That is why john adams law firm is committed to knowing the ins and outs of your culture. They will respect your beliefs and practices, taking care to be sensitive as cases progress. Respect is mutual – the ways of the law will uphold your rights, while john adams law firm respects your rights as well.
The law is constantly changing and evolving as society grows. New practices and beliefs are taken into account when dealing with the law and the judicial system. Sometimes the law and spiritual practices do not align, however. For example, the expectation to make eye contact with the judge or someone who is speaking to you in court may seem unnatural if your culture does not emphasize this practice. Respect will be the common ground.
As Waitaha Books teaches us: “Respect the culture and you respect yourself.” For more information on cultural awareness in legal practices, you can visit this Wikipedia page.
Posted on August 13th, 2020 | | No Comments »
The Importance of an S Corporation Operating Agreement
Waitaha Books teaches us the values of our ancestors in creating a link in the chain of sacred transmission to our children and grandchildren where we strive to leave the world better than it was given to us and our descendants to come. The Waitaha value is shared by many tribal nations, but it is also no more relevant today in how a custom operating agreement template outlines the communications related obligations and expectations of the parties to a modern day business deal. An comprehensive S corp operating agreement template could be defined as an oral tradition, but it is much more complex than that. When it comes down to making a deal on a handshake these days, we need stronger business custom that will carry out the same outcomes.
An S corporation is a business structure made available to all businesses in the United States. It is very similar to a limited liability company (LLC) in several ways. It is available for small businesses that are trying to limit their overall tax exposure and limit their personal liability. This is accomplished in two ways. First, it allows the business to be taxed as an S corporation, which allows the business to avoid income tax by passing through the business income to the owners. The owners then simply pay personal income tax on this income on their personal income tax return. The S corporation also shields the owners from personal liability for any contracts or business obligations. Thus, the owners’ personal assets cannot be attached to satisfy a lawsuit against the business entity.
The S corporation is formed and exists under the laws of the state in which the articles of incorporation are filed. Thus, the first step in forming an S corporation is filing Articles of Incorporation with the state. Appropriately preparing your Articles of Incorporation helps to ensure that your corporation is properly formed. To do this, you must list the name of the corporation, the number and type of shares the corporation is authorized to issue, the corporation’s registered agent and any additional information as required. Having a corporate attorney develop your corporate agreements is typically more beneficial than using a corporate agreement template. A corporate attorney will have experience in dealing with for profit corporations.
Perhaps the greatest advantage of a corporate attorney writing your corporate agreement is that he or she can customize the agreement to specifically meet the needs of your corporation. Typically, corporate agreements are separated into two parts, internal rules and external rules. Internal rules are those that govern interactions among shareholders and others within the corporation. These are typically rules that deal with the operational procedures within a corporation. External rules are those that govern interactions between the corporation and outsiders. These typically deal with the corporation’s business arrangements. In essence, the S corp operating agreement template acts in many ways as the S corporation equivalent of treaties, exemplifying the founding of a corporation, defining the source of political authority, and the relationship between the state and the corporation.
While the written tradition is not common to the Waitaha, it certainly has its origins in an oral history tradition that was transmitted from one generation to another. It seems that the S corporation method is now more widespread than it was a century ago, and that the need for the S Corporation Operating Agreement Template is far more common than it was generations ago. As a matter of fact, Custom was once a part of the human experience that did not have to be taught to either party – it was inherently passed down from generation to generation, with the S Corp Operating Agreement Template acting as a repository for the cultural knowledge. When we create an agreement we follow the same process that was used by our ancestors forming the fundamental structure of the S Corporation. The Operating Agreement is just as important as the creation of a communication between two parties, directly or indirectly.
This does not mean that you cannot train in communication skills over time. It does mean you must follow the philosophies and culture of your tribe, whether it be an NJ LLC, a Michigan corporation, a Florida partnership, or a California LLC or corporation. This means that there may be methods of communication that are appropriate in some cultures but not others (i.e. sport; music; art; etc.). At any rate, clear business practice operates best under a well defined set of rules in a mutually agreed upon manner. As it relates to the S corporation agreement, or “treaty”, the business understood those fundamental aspects of the business’ liability and taxation structure under the terms of the “treaty”, and the same held true within the realm of the tribe. The S corporation concept was clearly defined and fully accepted by those forming the agreement, and all parties were able to place their trust in the agreement.
These days the importance of a Treaty is highlighted by the fact that similar agreements are regularly entered into in other walks of life, such as international agreements. The S Corporation Operating Agreement Template is a tradition that has evolved over time, but in many ways has not changed from the time of the origin to the present. When two parties engage in forming an S corporation, they can carry forward the traditions of a historic agreement in a modern setting by laying out the terms of the S corporation in a legally binding document. Rituals once again play a role in S corporation agreements, as they apply to the specifics of the agreement itself. Rituals that apply to S corporation agreements may include the method of operations, the expectations of members and managers, the communication process, procedures for handing up changes, and expectations for bringing about the dissolution of the treating. While rituals can be identified in S corporation agreements, the innate advantage of an S corporation operating agreement is that the business can elect how it will operate. This means that the S corporation agreement is inherently flexible, as a company can modify the agreement to truly serve their advantage.
The flexibility of the S corporation agreement is what makes it a dominant form of communication among businesses today. Because the S corporation agreement template is inherently adaptable, it can serve a variety of purposes while maintaining its primary objectives. When it comes to describing the needs and wants of the corporation, the purpose of the S corporation agreement template is to identify both the nature of the business and the desires of the shareholders. This serves the purpose of effectively communicating the needs of the corporation and the capabilities of the shareholders, thereby achieving a balance within the group. The S corporation agreement template was created to add value to the business, and can be done in such a way that the business is virtually self-regulating.
Posted on August 3rd, 2020 | | No Comments »
