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It is Christel here Thanks for helping. We r a business that…

Good day . It...

Good day . It is Christel here Thanks for helping . We r a business that is part of a national Franchise. We started our own Facebook page in the town that we r staying in. Managing it uploading adds. Sharing adds from the main page of the Franchise .... Now recently the Franchise marketing dept decided to charge each store an amount .... Monthly...... to maintain and upload adds and messages regarding the Franchise or promos etc. Up till now a few stores did it by themselves. Copy the same banners and logo throughout our own Facebook page. Now the Franchisor wants to charge us a monthly payment fee for doing as little as designing every now and then a banner or add and just pressing a button to spread it. Is that legal? We as franchisees are feeling it is making money out of us.

Lawyer's Assistant: What state are you in? And have you consulted a local attorney?

No we r from South Africa. I only start now to investigate

Lawyer's Assistant: Has anything been officially filed? If so, what?

Meaning contracts?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It is not part of the franchisee agreement. Anything on Facebook or social media. It was only stated or told to us via email. No discussion etc on it.

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Answered in 16 minutes by:
11/14/2017
CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,712
Experience: BCom; LLB; Masters in Law
Verified

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will try to assist you with your legal question but please feel free to ask as many follow up questions in order to clarify your initial question. If you have a new question, you must please open a new thread.

All of the rights, obligations, and duties between the parties, including what charges are levied by the franchisor, are to be contained in the franchise agreement.

If the franchise agreement is silent on the franchisor being entitled to charge you for social media posts, then it is because there is no agreement between the parties that the franchisor is legally entitled to charge it.

Therefore, the only way for the franchisor to charge those fees is either: (i) by agreement between the parties, most probably in writing; or (ii) by an addendum to the franchise agreement which both parties must sign.

Without that, the franchisor can NOT insist that you pay those invoices.

If my answer hasn't provided you with enough clarity regarding your initial question, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - don't just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,

CaseLaw

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Customer reply replied 9 months ago
Thank u soooo much for the advice. So in fact the franchisor is not legally correct . Because there was not even a discussion on this agreement nor signing anything on this. They want us to just pay a monthly fee for "maintaining" each store individual's page. But so far they just post general adds. I feel that this is not benefiting my direct client base....meaning posting for instance news on new stores opening in the Cape and I am in Limpopo. Just to give u background on the above
So do I understand it then correct that they can't force us to pay the fee unless we have a mutual signed contract?

Q: So do I understand it then correct that they can't force us to pay the fee unless we have a mutual signed contract? --> 100% correct. e.g. how can a website designer do "work" for you without your request and then invoice you for the work and expect to be paid. He can't. Why? Because there was never any agreement between the parties that you wanted the work done, or that you would pay for it to be done.

CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,712
Experience: BCom; LLB; Masters in Law
Verified
CaseLaw and 87 other South Africa Law Specialists are ready to help you
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Customer reply replied 9 months ago
Thank u very much. I think that answers then my question and concerns. Thank u very much for your time.
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