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.

Leadership Is Mentoringship

All leaders need mentors of their own! A mentor is someone who is wise and who can be trusted at all times. Mentors are often seen as counselors, teachers, coaches, advisors, positive role models, friends, or advocates. In short, a mentor is a person of influence who is probably older than the mentee and who is considered an expert in a particular area. Mentors take interest in developing another person’s leadership, gifts, talents, and abilities.

Mentors have both interpersonal and professional relationships with their mentees. They assist them with their personal goals, and they tailor their approach according to the personality and the current issue(s) of their mentees. Mentors also guide others according to the culture, ethnicity, gender and experiences of their mentee. There are many benefits of mentorship. Mentees will mostly benefit from being exposed to new knowledge, a new concept of life, and a new way of thinking about their craft.

The mentee will learn, because the mentor uses different teaching methods, many of which may differ from their own. In addition, he or she will learn by seeing things through the eyes of their mentor as the partners share their viewpoints. The mentee will benefit by improving their character, ethnics, morals, performance, retention rates, commitment, knowledge, and more. Other benefits include the following: the development of new skills, boosting one’s self-confidence, increasing cooperation and positive behavioral patterns.

A mentor can also benefit from mentoring others. He or she can gain leadership attributes and a better understanding of leadership as a whole, as it relates to the personal development of the mentee. A mentoring partnership can be an enriching experience. You can develop your leadership and communication skills as well as contribute toward your own career advancement.

Mentoring can also give you a great overall sense of personal satisfaction, knowing that you are helping someone else learn and grow on a professional and personal level.

Mentors can apply their leadership skills in the organization, especially by working with others with diverse backgrounds. They can gain knowledge that will improve their time management, communication, and networking skills by meeting regularly with their mentee.

Most importantly, the mentor will gain self-gratification by enriching their mentee’s lives. In this way, they are giving back to the community as they train others to become future mentors themselves. The process is cyclical in nature, and it serves mentors and mentees alike.

Mentoring sessions can be setup in four different ways:

1. Informal Structured Sessions. This is a series of casual and relaxed meetings over a brief period of time (SHORT TERM – for example, thirty days or less).

2. Informal Structured Sessions. This is a series of meetings that extend over a longer period of time (LONG TERM – for example, two years or perhaps indefinitely).

3. Highly Structured Sessions. This is a series of meeting sessions that are scheduled for a brief period of time (SHORT TERM- for example, thirty days or less).

4. Highly Structured Sessions. This is a series of meeting sessions that that extend over a longer period of time (LONG TERM – for example, two years or perhaps indefinitely).

Again, the way these meetings are setup will differ depending on a person’s personality, culture, ethnicity, gender, history, location, experiences, needs, and issue(s) at hand.

While the meeting sessions are taking place, mentors should keep in mind that there are a number of things they should and should not do while they are with their mentee. Below is a list of what mentors should and should not do in their meeting sessions:

Should Do:
1 Acknowledge the areas in which you can offer: information, skills, experiences, etc.
2 Acknowledge the areas in which you do not have the necessary skills and refer the mentee to other resources.
3 Agree upon a set schedule date and time to interact with the mentee -that is at least once a week or once a month.
4 Ask your mentee to help you make the topic decisions and plan the activities.
5 Assist in making the connection between his/her actions of today and the dreams and goals he/she has for tomorrow.
6 Make sure to be open with your mentee, but avoid being overtly critical right from the start.
7 Be committed to your mentee.
8 Be open-minded to new experiences and different ideas
9 Be patient and build trust.
10 Challenge, motivate, inspire and encourage.
11 Clarify expectations about the extent to which you will offer guidance.
12 Communicate examples of personal experiences and challenges-when appropriate.
13 Communicate openly about helpful information.
14 Contact your mentee, if you have not heard from him/her for a while.
15 Decide how you will interact in the future or at the next meeting.
16 Discuss all money transactions for any meeting sessions, activities, etc.
17 Discuss and define common goals and the meeting purpose.
18 Discuss any questions or concerns.
19 Discuss training and educational opportunities.
20 Discussions between you and your mentee are considered confidential.
21 Encourage self-directed reflection, analysis and problem solving.
22 Establish a safe location to meet your mentee.
23 Establish a phone number to reach your mentee.
24 Establish a time and date to meet with your mentee.
25 Establish an address to reach your mentee.
26 Establish boundaries with your mentee.
27 Explain to your mentee why you find his/her behavior acceptable or unacceptable.
28 Explore positive and negative consequences.
29 Get to know your mentee.
30 Get your mentee to trust you.
31 Give your mentee eye contact-when speaking.
32 Give negative and positive feedback to your mentee.
33 Give all points of view a fair hearing.
34 Have a mentor and mentee evaluation.
35 Have some fun with your mentee.
36 Identify the mentee’s interests and take them seriously.
37 If you have a concern that is beyond your ability, refer the person to someone else.
38 Influence the mentee through constructive feedback.
39 Leave messages on your mentee’s voice mail to cancel meetings.
40 Leave messages on your mentee’s voice mail to confirm meetings.
41 Listen carefully and offer possible solutions.
42 Look for signs of improvements.
43 Make sure the mentee understands they will see you again.
44 Measure the success of the relationship by the extent of the mentee’s disclosure.
45 Offer alternative perspectives.
46 Participate in periodic evaluations.
47 Present information carefully without distortion.
48 Progress toward completion of your mentoring objectives.
49 Protect the health and safety of your mentee.
50 Provide relevant books, web resources, articles, or other resources to the mentee.
51 Provide job shadowing opportunities or an on-site visit.
52 Provide professional networking opportunities.
53 Recommend developmental activities.
54 Remember to encourage your mentee.
55 Request long-term career guidance.
56 Respect the uniqueness and honor the integrity of your mentee.
57 Serve as a resource expert.
58 Set realistic expectations and goals for your mentee.
59 Suggest methods for advancing the mentee’s growth.
60 Think of ways to problem solve together.
61 Try to achieve the goals.
62 Watch your time management.
63 Work together to discuss development expectations, set objectives and complete a formal mentoring agreement.
64 You may include others (i.e. spouse, friends, other mentees/mentors and relatives) only when needed.
65 You may call for help if the mentee becomes out of control.

Should Not Do
1. Do not pass judgment concerning your mentee.
2. Do not spend an exorbitant amount of money for non-related subject materials.
3. Do not bring someone else with you when you are with your mentee.
4. Do not display any forms of misconduct or participate in any illegal actions.
5. No overnight stays or physical contact.

Mentors and mentees should be matched together by their interests, education level or area of study, needs, career aspirations, leadership experience, availability, and location. More leaders should consider participating in a mentoring program to train the next generation. When considering being a mentor, the leader should answer the following questions: If you are a mentor, who are you teaching, developing or training? Are you assisting persons in your family? How are you giving your knowledge back to your community? Who is your personal mentor? How much time do you spend working on your own personal talents and abilities? Every organization should have a mentor or a mentoring program. If you are interested in starting a mentoring program, then please follow the steps below:

1. Get others to volunteer to become mentors.
2. Get a Mentor Program Coordinator.
3. Develop a mentor application form
4. Develop a mentee application form
5. Get others to register for the mentoring program.
6. All forms should be turned in to the Mentor Program Coordinator.
7. Mentors and mentees should be matched together.
8. Mentors and mentees will be notified of their match.
9 Mentee will be contacted details about their assignment mentor.
10. Details of the program along with program guidelines will be provided to the mentor.
11. It is the mentor’s responsibility to contact the mentee to initiate the mentoring process.
12. At the first meeting, the schedule of topics and the activities should be discussed and agreed upon.

Strive to maintain a positive mentorship with your mentee for as long as possible. If all goes well, the relationship can last a lifetime. But if that is not the case, then the leader should notify the mentee of the date and time of their final session well in advance. The mentorship may end due to the completion of the goal, personal development, or educational experiences. On the negative side of things, the mentorship may end because the pairing was simply a bad match.

Everything comes down to leadership, whether you are the leader of a non-profit organization, a small business, a Fortune 500 Company, or a line crew. Remember, a great leader will always work on their morality, character, influence, commitment level, communication, innovation, decision-making, problem solving, and their administrative and mentoring skills. Do not hesitate to evaluate yourself and make the necessary improvements to become a better leader. Remember, the world needs more great leaders to prepare, train, and mentor the leaders of tomorrow.

Hoodia and Alli – Product Reviews

Obesity is a growing concern in our generation. Millions of Americans who buy diet products are diagnosed as obese or overweight, with a lot more in other countries. This phenomenon was caused by a mixture of a sedentary lifestyle and an improper, fat-filled diet. As we grow increasingly interconnected, many people can now work in the comfort of their own homes. While this has proven to be an advantage, these same people can become obese if they’re not careful.Because of the prevalence of obesity worldwide, several companies have produced diet products that claim to help in weight loss. Some of these products are chemical in nature, while others are simply herbal supplements. One difference that isn’t readily apparent is the fact that herbal supplements like hoodia don’t have to get approval from the Food and Drug Administration. Because of its nature as a supplement (as opposed to a drug), the FDA simply has to make sure that the substance is safe for regular use. It doesn’t have to be approved in terms of effectiveness.

Patients who buy Alli, on the other hand, can be sure that it has FDA approval for diet products. It wouldn’t be released otherwise. It is marketed as safe and effective, and the official Alli website partners the medication with a comprehensive weight loss program that encourages a change in lifestyle and eating habits.How these two substances work are vastly different. Hoodia was discovered during the mid-30s when anthropologists noted that African tribesmen ate the plant to prevent hunger. Pretty soon, the plant was being studied for its applications to diet products. This particular diet supplement works on the body by suppressing appetite. Specifically, it tells the brain that the body has already eaten enough, and thus a person who ingests it doesn’t feel hunger for a longer period of time.When you buy Alli, you’ll notice several key differences. One of the most major differences is that it doesn’t do what hoodia does to the brain. In contrast to sending signals to the brain, this weight loss drug instead disables the primary enzyme that helps the body digest fat. This allows the unabsorbed fat molecules to be discharged through the bowels. In other words, they aren’t stored in the body like they normally would be.Like all oral medications, both of these substances have side effects. Those who buy Alli may experience diarrhea and frequent bowel movements. This can be attributed to the drug’s work with the fat in the body, and a low-fat diet will help minimize this side effect. Hoodia has been reported to have negative effects on the liver. Because studies haven’t been adequately done on this supplement, there are no official reports about its side effects. As a safety precaution, diabetics, pregnant or breastfeeding women, and hypertensive patients should avoid taking it.

With the availability of diet products on the market, we’re making headway in the battle against obesity. Whether it’s a chemical drug like Alli or an herbal supplement like hoodia, modern medicine has given us some of the tools to fight this condition. However, a complete victory really can’t be declared without the appropriate changes in lifestyle and diet. Supplements alone aren’t going to keep us healthy.