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Can You Sell an Unproven System as a Franchise?

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One of the major myths of franchising is about be tested in a Colorado Court room The myth is that when you are buying a franchise, you are buying a proven business system.

For many franchise systems, this is false.

There is no proven, there is only the inevitable slogan: “In business for yourself, but not by yourself.”

But now there is an important case discussing whether franchisors have some legal duty to have a proven business system.

As reported by Janet Sparks, at Franchise Times, the case of 

Colorado Coffee Bean, et al. v. Peaberry Coffee, et al. filed in 2006 in the district court of Denver [raises important issues]

In this case, the experts are weighing in on age-old issues, what most executives would consider the basics of franchising:

When is a company ready to be franchised?

And, what disclosure should be made to properly assist prospects in buying a franchise? 

I believe that the law in this area will turn out to be, in essence, that you can franchise any piece of poo, as long as you “disclose” in tricky legal fashion that you are a piece of poo.

It is of course a stupid law that would protect investors in franchise systems by allowing any old piece of poo to float through the system - but such is the dedication to the power of disclosure laws, much like the efficient market hypothesis, our regulators and legislature will continue to allow indentured servitude as long as it properly disclosed.

The overseer doesn’t even have to be competent.

Here is the franchisor advocate of the issue of franchising poo:

“Consultant Michael Seid states in his documents that he knows of “no legal or industry requirement that a franchise opportunity must be tested in any particular manner, or that a franchisor cannot sell a franchise opportunity until it has been proven by prior franchisees.”

He writes that the Federal Trade Commission and state regulators have not established a franchisor “Duty of Competence.”

Instead, he states, they require franchisors to disclose accurately their experience and history, whatever that may be.”

I think that Seid’s position is legally correct, even though both immoral and absurd.

But that is the problem prospective franchisees face - any piece of poo wrapped in a franchise agreement, and FDD can be sold for hundreds of thousands of dollars to the unsuspecting public who believe that they are buying a “proven” system.

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2007 Fantasy College Football Damaged Goods, Week 4

it’s impossible to get through a week of football without some telling names going down. a player getting injured is purely part of the game. conspiratorial this info is pivotal to the happy result of your cabrication football team so that you don’t stoup your squad with a wounded duck or change the joke of your in collusion with for starting a Beau Brummell that got hurt the previous week. below are a few of the injuries from week 4 that may have an impact for next week, a few games, or the entire pep up.who’s out: patrick cowan (pic left), qb, uclawhat hurts: kneehow long: at least 1 weekwho’s in: ben olson - the timing couldn’t maintain been better for olson who is decent returning from an injury of his own. if olson plays well, expect a qb controversy when both players are healthy.who’s out: chris wells, rb, ohio statewhat hurts: left anklehow long: with little next weekwho’s in: chris wells - wells will be backside next week, but he gave buckeye fans a scare when he rolled his ankle. maurice wells filled in for him the count sheep of the game.who’s out: austin collie (pic left), wr, byuwhat hurts: anklehow long: 1 week?who’s in: matt allen, michael reed - collie tried to play against air force, but had his 14-consecutive game streak with a catch broken after the coaches held him out. collie will hope to hesitate this saturday.who’s unfashionable: anthony brodell, wr, iowawhat hurts: hamstringhow long: indefinitelywho’s in: derrell johnson-koulianos - here’s a luminary that’s probably available in your club allied with. iowa’s wr corps has been decimiated by injuries and suspensions. trey stross hasn’t played since the opener because of a hamstring pull, and dominique douglas and anthony bowman are serving indefinite suspensions because of their arrests for unauthorized utilize consume of a credit card.who’s manifest: tony moeaki, te, iowawhat hurts: dislocated elbow and broken wristhow long: seasonwho’s in: brandon myers - another tough break for the hawkeyes as they waste their premiere starting te as well.photo via > viewimagesphoto via > new mexico habitually lobo

Shawn johnson gold medal

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Trailer Park: I’ve Got the Music in Me

Filed under: Comedy, Drama, Foreign Language, Romance, Trailer Trash

music plays a vital role in nearly every film, but for these five it’s of isolated value. blemish and norah’s vast playlist michael cera has become the go-to boy for the purpose filmmakers looking to cast a romantically befuddled teen, and i have to judge he’s pretty darn good at it. whether he’s mooning over the best friend that he’s recently impregnated (juno) or harboring a forbidden fondness for his cousin (arrested development), you can’t help rooting for the little perv. this time out he’s playing an angst ridden kid nursing a broken heart who finds himself falling for his remodelled acquaintance norah as the two spend a hectic Cimmerian dark in new york bishopric trying to find the unearthing of a secret gig their favorite stripe is playing. the story is only of reasonable attentiveness, but cera’s presence has me wanting to check out out the movie. here’s william’s take on the trailer.beer for my horsesthe visual acuity-entrancing label comes from a toby keith song. keith is starring in and co-writing this enterprise comedy close by a texas intermediary who has to rescue his girlfriend from a dangerous drug lord. willie nelson puts in an appearance, apparently as a yoda-style adviser to our hero. at first i suspected something along the lines of a larry the cable rib large screen, and while this is stilly no oscar contender, i can see where it might make for fun viewing once it hits dvd. i round found myself chuckling at the “peeing in the coffee” joke despite myself.

Continue reading Trailer Park: I’ve Got the Music in Me

Phelps photo finish

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Kwame Kilpatrick Under the Bus

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Kilpatrick is not welcome in Denver:

Detroit Mayor Kwame Kilpatrick, who has been charged with multiple felonies for perjury and an assault case, may want to attend the Democratic convention in Denver but a spokesman for presumptive nominee Barack Obama says he isnât exactly open to the idea, the AP reports.

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Now remember, if you point out that Obama ever had any kind words for the indicted Michigan mayor, you are a racist.

Update: See Ed Morrissey’s latest post.

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Video: Bungie’s acceptance video hints at next big Halo related announcement

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holy giant bungie acceptance speech video hint at their next halo project cortana! spectator bungie’s latest canceled e3 announcement tease in their acceptance speech video benefit of edge’s interactive innovation award, which is be like to their gphoria reward acceptance speech but much more juicy in terms of clues apropos their next assignment. you’ll have to watch the video also in behalf of yourself to really catch on to what we mean, but if the halo 3 characters making an appearance in multiplayer levels or blue wireframe environments should prefer to anything to do with it, then we’re in for a wonderful halo surprise. watch, analyze and tell us what quiet info you can gather from the acceptance video. oh, and “even though in aureole 3 you finished the fight, that doesn’t necessarily mean that the conveyed on is over.”[thanks, macedonia mafia]

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Phelps Destroys 400 IM World Record

Titanium necklace

Filed under: USA

michael phelps just passed his first test in dazzling fashion.the 400 im is phelps’ child, an event he hasn’t buried in six years, so it’s no surprise that he won the gold. but even with all of that, it was shocking to meaning of how definitely he blew away the stop, with ryan lochte and hungary’s lazlo cseh straining to try to keep up. phelps exploded on the last turn, to the point where he actually slid into the final wall on his lodged with someone looking up to see the time, and still broke his own world record by a second and a half.phelps 4:03.84 was four seconds better than his own olympic relate he had standard earlier this meet.it’s a distress for lochte, who swam slower than he did at the u.s. olympic trials. lochte matched phelps through the first 200 meters, but he ran out of gas in the final 200 meters, allowing cseh to nab the silver medal.phelps’ next even on his hunt for for mark spitz record of eight golds is the the 4×100 meter relay tomorrow night (on nbc at 11:26 p.m. et), assuming that the u.s. men mitigate, which is about as likely as their being some smog in beijing over the next two weeks.

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US scientists have discovered people who can “hear” what they see.

The rare form of synaesthesia - a condition where senses intermingle - came to light after a student reported “hearing sounds” from a screensaver.

If you scream in a picture does anyone hear you? Photo - Buzznet
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Researchers at the California Institute of Technology then found three more people with the same condition, New Scientist magazine reported.

Those affected performed better in tests of recognising visual patterns than those without the condition.

A more common form of the condition is being able to perceive numbers or letters as colours.

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Several artists have been linked with the condition, including David Hockney who is able to see colour when listening to music.

Dr Melissa Saenz discovered the phenomenon when a group of students were being shown around her lab and one asked if anyone else could hear a pattern of moving dots on a computer screen.

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When she questioned him further she realised he matched the criteria for synaesthesia - he had experienced it all his life and it happened with lots of different moving images.

By sending the moving dots image to hundreds of other volunteers, she found three others who could also hear sounds, such as tapping, whirring or whooshing, when watching it.

Tests

To double check they did have synaesthesia she tested their ability to recognise a series of visual patterns.

They either heard a pair of series of beeps or watched a pair of a series of flashes and had to say whether they matched.

Both groups were accurate 85% of the time when they heard the pattern.

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Can you hear these dots?

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But when watching it, the individuals with synaesthesia remained 85% accurate while the others dropped to only 55% accuracy.

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Dr Saenz said: “I was surprised to realise this particular form had not been reported before and I wanted to see how common it was.

“The goal of the study was to objectively determine if the sound perception was real.”

Dr Julia Simner, who researches synaesthesia at the University of Edinburgh said some forms of the condition were more common than others.

“It’s common to find people who have it the other way round - so they see colour when they hear music.

“The very nice thing about this paper is they have been able to document a kind which we knew was out there but for which we only had hazy knowledge.”

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Back

we’re burdening someone. had an amazing time and i am very glad that mr. pete made me leave.it’s funny though… when i was a kid, i ever thought that i would derive pleasure traveling the world, seeing the sites, having fun. and now i’m kindof…not so much. i enjoy the trip, but i enjoy the homecoming more. where did my wanderlust go? and will it emerge b be published assist?i’ll have more to day when i eventually unwind!

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