{"id":11431,"date":"2019-01-30T15:57:36","date_gmt":"2019-01-30T14:57:36","guid":{"rendered":"http:\/\/test2.franchiseoncloud.fr\/?p=11431"},"modified":"2025-11-13T11:40:30","modified_gmt":"2025-11-13T10:40:30","slug":"eviter-des-proces-avec-un-franchise-software","status":"publish","type":"post","link":"https:\/\/cerca.io\/en\/avoid-litigation-with-a-software-franchise\/","title":{"rendered":"S\u00e9curit\u00e9 juridique & Logiciel franchise"},"content":{"rendered":"
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Legal Security & Franchise Software<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\u201cA lawsuit often ends up costing between 40,000 and 50,000 euros, because it is very difficult to prove that we have done our job as a franchisor \u2014 which consists of a thousand small tasks carried out every day for several years by numerous head office employees<\/em> on a daily basis.\u201d <\/strong><\/p><\/blockquote>

declared together a well-known lawyer and the CEO of a client brand in our presence.\u00a0<\/p>

\u201cThe use of our 100% Franchise platform has saved us a great deal of money. In the end, we had unknowingly subscribed not only to additional fire insurance, but also to a growth accelerator!\u201d<\/em><\/strong><\/p><\/blockquote>

admitted that same CEO.<\/p>

T<\/em>hus, the use of our franchise software has recently allowed several franchisors to save tens of thousands of euros in court.<\/p><\/div><\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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How? Why? Here\u2019s a bit more in just a few lines.<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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More and more franchise brands are choosing to use a true \u201cFranchise Software\u201d, that is, a collaborative platform<\/a><\/span> that brings together in one place all the functions usually offered through multiple separate tools: an extranet, a forum, a directory, collaborative project management, an online operations manual, e-learning courses, a candidate CRM<\/a><\/span>, an audit and site monitoring tool, reporting tools, surveys, and quizzes\u2026<\/p>

Whether the result of often very costly in-house developments or offered more simply as a subscription service by Cerca (formerly Franchise On Cloud), these software solutions are not only designed to open more points of sale and provide them with all the tools they need to succeed.<\/p>

In other words, a \u201cFranchise Software\u201d is not only a tool to ensure your success \u2014 it can also help you avoid the worst: costly lawsuits with your franchisees<\/a><\/span>.<\/p>

As we know, losing a lawsuit can jeopardize the growth of a brand that is still developing, given the amounts to be paid and the impact on the network\u2019s cash flow.<\/p>

Bringing together all the features required for the franchisor\u2019s role within a single tool makes it possible to track the entire relationship between the head office and the franchisee \u2014 from recruitment to daily support, including training and the transfer of know-how.<\/p>

Most lawsuits filed against franchisors are initiated by franchisees who have failed. Indeed, when facing failure, it can be tempting to place the blame on the franchisor. Case law, moreover, is largely favorable to franchisees and is based on already quite protective legislation.<\/p>

Two main lines of attack are often used by franchisees\u2019 lawyers: proving that the franchisor poorly supported the franchisee and failed to meet their obligations, or that the contract binding the franchisor and the franchisee is null and void, thereby opening the way for its termination.<\/p>

The first case concerns the daily operations within the network: the transfer of know-how, proper communication of its updates, training, visit reports accompanied by recommendations, and more.<\/p>

The second often concerns the candidate recruitment phase and its pre-contractual stage: was the contract signed at least 21 days after the signing of the D.I.P<\/a><\/span>? Was the D.I.P complete? Was it indeed the correct document that was presented and signed on that date?<\/p>

Let\u2019s be honest, it\u2019s difficult to find proof and trace all exchanges with the franchisee when a lawsuit arises. The same reflexes are seen across all brands: everyone asks the field managers to retrieve sent emails, visit reports, and proof of follow-ups\u2026 Everything comes to a halt at head office amid the panic.<\/p>

Only a tiny fraction of these exchanges is ever recovered \u2014 often those dating from periods when the relationship between franchisors and franchisees had already begun to deteriorate. These searches take time. Yet this time is crucial and works against the franchisor. Indeed, much is at stake during the pre-litigation phase, when each party assesses and evaluates its own legal strengths as well as the arguments of the opposing side. Each must show its strength as early as possible.<\/p><\/div><\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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What happened with the brands using Cerca, formerly Franchise On Cloud?<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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It took barely 2 days to send the franchisee\u2019s legal counsel all the evidence proving, over a 3-year period, the actual actions carried out by the franchisor, namely:<\/p>