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October 2013 Independent Joe #22

Page 10

DDIFO SPONSOR ADVERTORIAL

“ The best thing franchisees can For more than a decade, United Capital Business Lending (UCBL) has been providing financing to Dunkin’ Donuts franchisees. A direct national lender, UCBL focuses on arming multi-unit franchisees with capital to expand their business. Its team provides unparalleled service and industry expertise, while offering DDIFO members competitive pricing and discounted fees. Financing up to $20 million is available for refinances, acquisitions and new store development with terms up to 10 years. UCBL also offers development facilities (i.e., future financing commitments) to DDIFO Members for new store development and acquisitions, allowing franchisees to make expansion plans knowing their loan is already approved. “When we needed to borrow money to help us grow, we turned to the team at United Capital,” said Kenneth Privett, a multi-unit Dunkin’ Donuts franchise owner. “I always demand good service and competitive rates, and I found both at United Capital.” UCBL is a proud subsidiary of BankUnited, recently ranked 10th in Forbes magazine’s 100 Best Banks in America. For more information, visit www. unitedcapitalbusinesslending. com or contact VP of Business Development Trey Grimm at 410-771-9607 or Tgrimm@ ucbl-inc.com.

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INDEPENDENT JOE

OCTOBER 2013

do is to attend meet-and-greets—when they visit their districts and tell them about how outdated the laws for franchising are.”

in June are a couple of paragraphs that could affect the J1-Visa Exchange Visitor Program. As part of a clause in the new Border Security, Economic Opportunity and Immigration Modernization Act of 2013, sponsoring organizations of foreign student workers who come to the United States for seasonal work under the J1-Visa program are now required to pay a $750 fee. Bert Jimenez, a New Jersey franchise owner says he has been pleased with the program as a way to find new hires, especially in cities where competition for unskilled labor can be an issue. And, he appreciates the opportunity to help new immigrants. “We are all immigrants, right? So, we are opening the door to new immigrants, especially if they will do unskilled work.” The J-1 program was established at the height of the Cold War by the FulbrightHays Act of 1961 (also known as the Mutual Educational and Cultural Exchange Act of 1961) to strengthen relations between the U.S. and other counties. As a work-travel program, students and professionals from other countries work in the U.S. for a short period of time and then return home. Push for Fair Franchising Continues Despite passing the California Senate and the Assembly Judiciary Committee in June, California Senate Bill 610 was put on hold until next year, when it is anticipated to come back to the committee with the same status. If passed and signed by California Governor Jerry Brown, the bill would revise the California Franchise Relations Act to explicitly require that franchisors and franchisees deal with each other in good faith as defined in the performance and enforcement of a franchise agreement.

Franchisees would have the right of legal remedy, just as franchisors do now via the contracts. It would also prohibit a franchisor from restricting the right of a franchisee to join or participate in an association of franchisees. Good faith is already part of franchising law in Washington, Hawaii and Iowa. “Right now, the contracts and legal interpretation have become one-sided in favor of franchisors,” says John. A Gordon, founder and principal of Pacific Management Consulting Group and DDIFO’s Restaurant Analyst. “The duty in law of good faith, a well-established common law legal doctrine, would be specifically added.” Similar efforts for franchisee rights are underway in Massachusetts, Maine and Pennsylvania. “For an extended period of time, franchisee associations like DDIFO have led the way with this topic in Congress, but our efforts tended to get locked up because of political gridlock, so it occurred to the franchisee community that if we are going to do anything to help out franchisees, we have to do it in the states,” says Gordon. This approach gives franchisees a chance to make an impact too, according to Gordon. “It’s hard for franchisees because they work in store so much, but to win over their assembly member or state senator, the best thing franchisees can do is to attend meetand-greets—when they visit their districts and tell them about how outdated the laws for franchising are.” Speaking out can make a difference, and DDIFO is here to help you get heard. Together, we can stay informed on legislation that might affect your bottom line and ways you run your business.


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