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Dairy Queen owner unleashed a racist tirade on customer, He no longer has a Business.

Re: Dairy Queen owner unleashed a racist tirade on customer, He no longer has a Busin

calamity said:
What does he own? He's probably leasing the building, either from the franchise or a holding company they control. He definitely does not own the ice cream machines, the chairs, the table, the counter, nothing. All that stuff is DQ controlled. He's either leasing it from DQ direct or from their approved suppliers.

Now, is he free to open up his own ice cream stand somewhere in Zion? Of course. But, he certainly cannot continue to operate out of the same building, using the same equipment.
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If DQ leases the land to him, or if it owned the business outright and set him up as a franchisee to operate it, your claim would be true.

I originally wrote:

Not true. In general, a franchisee is licensed to represent the brand following the methods and branding identity required by the franchising organization. If a franchisee violates the agreement, the franchisor can revoke the license to represent their brand. They can't take the business.​

So, in general, a franchisee owns the land, the building, and all non-proprietary equipment contained in it. Even that equipment can be off limits to the franchisor if it can be shown it is also commercially available to the general market.

The franchisor can't demand the franchisee abandon his business simply because the franchisor yanks his agreement for cause.

You are not operating from a position of knowledge here calamity. Not sure why you are working so hard to prove it.
 
Re: Dairy Queen owner unleashed a racist tirade on customer, He no longer has a Busin

ocean515 said:
If DQ leases the land to him, or if it owned the business outright and set him up as a franchisee to operate it, your claim would be true.

I originally wrote:

Not true. In general, a franchisee is licensed to represent the brand following the methods and branding identity required by the franchising organization. If a franchisee violates the agreement, the franchisor can revoke the license to represent their brand. They can't take the business.​

So, in general, a franchisee owns the land, the building, and all non-proprietary equipment contained in it. Even that equipment can be off limits to the franchisor if it can be shown it is also commercially available to the general market.

The franchisor can't demand the franchisee abandon his business simply because the franchisor yanks his agreement for cause.

You are not operating from a position of knowledge here calamity. Not sure why you are working so hard to prove it.
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I'm not sure why you are arguing. That's my position.

Post 325 clearly shows who owns the real estate. The equipment therein, although perhaps actually purchased, must come from the franchise approved supplier. Now, can the franchisee take his grill, tables , chairs, counter and ice cream machine and move to another building down the block with it? Perhaps. It depends on who owns it. Obviously.

Point is, and this is why I am baffled that you are being so polemic on this issue, the franchisee is technically only a licensed agent of the franchise. He does not own the building, the brand, the business model or the right to sell Big Macs---he leases those rights, primarily via the agreements set forth in the signed contracts.
 
Re: Dairy Queen owner unleashed a racist tirade on customer, He no longer has a Busin

ocean515 said:
You wrote this:

Franchisees do not "own" anything. They, more or less, just lease a license, business model, brand name and right to sell someone else's product.​

So franchisees don't own anything? I corrected you on that. Not sure why you are doubling down on that.

Keep going if you must, most entertaining.
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What do franchisees really own though? I'm asking seriously because if I remember correctly they don't own the equipment, they don't own the product (in the sense they can't change the name as you suggested), they lease from the franchise to even get the product, and they can't just arbitrarily change the business model. what am I missing?
 
Re: Dairy Queen owner unleashed a racist tirade on customer, He no longer has a Busin

Praxas said:
What do franchisees really own though? I'm asking seriously because if I remember correctly they don't own the equipment, they don't own the product (in the sense they can't change the name as you suggested), they lease from the franchise to even get the product, and they can't just arbitrarily change the business model. what am I missing?
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In some cases, what you wrote is true. But that tends to be the exception.

Here is a cut and paste from a DQ Franchise agreement I found online.

DQ Fran Agreement Snip.jpg

Well dang, that came out really small.

If you can't read it, its a section pertaining to termination of agreement. It dove tails with what I wrote before. In the case of DQ, they can even require roofing (Like the Golden Arches on McDonalds) must be removed or altered if it is a trademarked feature of the brand.

I noticed DQ also has a non-compete clause in the example I found. In that case, the owner of the restaurant would have to change the total flavor of the business. A DQ operator would have to open a Thai food place or something like that to get around the non-compete.

Again, the bigger the brand, the more restrictions they place. They can even sue to compensate for lost revenue caused by the loss of the location.

I have no sympathy for this POS in the DQ story. My comments are simply about franchising obligations and restrictions.
 
Re: Dairy Queen owner unleashed a racist tirade on customer, He no longer has a Busin

ocean515 said:
I have no sympathy for this POS in the DQ story. My comments are simply about franchising obligations and restrictions.
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Thanks for posting that and no, I didn't think you had any sympathy for the guy in the article. I was just curious about ownership, because I've known 2 people that have "owned" a franchise but after talking with them over the years it didn't seem to me they really "owned" anything but rather just leased from the franchise itself.
 
Re: Dairy Queen owner unleashed a racist tirade on customer, He no longer has a Busin

Praxas said:
Thanks for posting that and no, I didn't think you had any sympathy for the guy in the article. I was just curious about ownership, because I've known 2 people that have "owned" a franchise but after talking with them over the years it didn't seem to me they really "owned" anything but rather just leased from the franchise itself.
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In fairness, most franchisees I know personally feel much like the people you know.
 
Re: Dairy Queen owner unleashed a racist tirade on customer, He no longer has a Busin

EvaPeron said:
I own a very successful business. Not bragging just qualifying this next sentence. The customer is NOT always right. Sometimes the customer is a real &;;))$) and needs to be told.
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When you are the business owner (and i see that you are), YOU and only you, have that ability.
 
Re: Dairy Queen owner unleashed a racist tirade on customer, He no longer has a Busin

ocean515 said:
1.)If he does retain ownership of the facility, given the revelation of his attitude towards customers he should have been grateful wanted to business with him, I doubt his future business will remain much longer, no matter what he tries to do.
2.)The guy deserves whatever business damage comes his way. It's inexcusable to treat any undeserving customer the way this story has been reported.
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1.) I agree with the publicity, it involving a woman and her children that simply didnt get the right order and now supposedly theres history of this behavior. Yes that could very well make it difficult for him to have a successful business there depending on the validity of the story which he seem to confirm himself in the police report.
2.) well what ever happens to him with his business will be of his own doing that is for sure
 
Re: Dairy Queen owner unleashed a racist tirade on customer, He no longer has a Busin

Say, how come every single time right-wingers talk about how people shouldn't suffer consequences for their speech it's in defense of some bigoted ****head?
 
Re: Dairy Queen owner unleashed a racist tirade on customer, He no longer has a Busin

AGENT J said:
*Titled slighted edited to make fit
https://www.washingtonpost.com/news...longer-has-a-business/?utm_term=.0b63205d2425



Additional links and info:
Dairy Queen closes Illinois restaurant after owner uses slur during argument with customer | Fox News
Dairy Queen ending franchise agreement with Zion store after racial slur incident - Lake County News-Sun
https://twitter.com/DairyQueen/status/817525067592728576
Dairy Queen Shuts Franchise After Owner's Reported Racial Confrontation with Customer : snopes.com


WOW!!! what is wrong with people? This nutball had a complete meltdown over his employees making a mistake so it caused him to lose his businesses. What a completely dummy and moron. Nutters and their meltdowns crack me up. Sad and funny at the same time. Good move DQ sweeping in and taking his franchise from him he is clearly unstable and incompetent. What ever ills he has I hope he gets them fixed, he needs serious help.
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He still has a business if he wants it

But just not a Dairy Queen franchise
 
Re: Dairy Queen owner unleashed a racist tirade on customer, He no longer has a Busin

Mac77 said:
He still has a business if he wants it

But just not a Dairy Queen franchise
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I don't know if that's true, you could be right?
 
Re: Dairy Queen owner unleashed a racist tirade on customer, He no longer has a Busin

AGENT J said:
I don't know if that's true, you could be right?
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As a franchise owner the location belongs to him either outright or as a lease as well as all the equipment in the store

If he wants to continue he can re-open under his own brand

But if he is in a 90% black ghetto that may not be practical.

So next best is to lease the store to an asian who can put in an all-you-can-eat chinese restaurant or something similar
 
Re: Dairy Queen owner unleashed a racist tirade on customer, He no longer has a Busin

Mac77 said:
1.)As a franchise owner the location belongs to him either outright or as a lease as well as all the equipment in the store
2.)If he wants to continue he can re-open under his own brand
3.)But if he is in a 90% black ghetto that may not be practical.
4.)So next best is to lease the store to an asian who can put in an all-you-can-eat chinese restaurant or something similar
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1.) possibly
2.) if 1 is true yes but we do not know that
3.) Wth?? LMAO where did that come from and how does that factor in to OUR discussion?
4.) oh never mind I see you arent a poster to be taken seriously:lamo
 
Re: Dairy Queen owner unleashed a racist tirade on customer, He no longer has a Busin

AGENT J said:
1.) possibly
2.) if 1 is true yes but we do not know that
3.) Wth?? LMAO where did that come from and how does that factor in to OUR discussion?
4.) oh never mind I see you arent a poster to be taken seriously:lamo
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Suit yourself

Just leave your white flag at the door on your way out for the next clueless liberal to use
 
Re: Dairy Queen owner unleashed a racist tirade on customer, He no longer has a Busin

Mac77 said:
Suit yourself

Just leave your white flag at the door on your way out for the next clueless liberal to use
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white flag? door? clueless liberal?
yep that confirms it LMAO :laughat:
 
Re: Dairy Queen owner unleashed a racist tirade on customer, He no longer has a Busin

AGENT J said:
white flag? door? clueless liberal?
yep that confirms it LMAO :laughat:
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Yes. It does confirm it.
 
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