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tanya singh (self employed)     07 January 2010

franchisee agreement

I am reframing my query raised in earlier post by me

QUERY

.1.a franchisee agreement between me and the comany that is the franchisee and the franchisor is brought on the table for signature.

2. Of all the clauses there is one clause which says I have to pay the franchisee fees.

3. In hurry i sign the agreement, signatures from the comapny are pending, signatures of the witnesses pending

4.Suddenly i find some clause introduced in the agreement without informing me , but i have already signed my part of signatures.

5.i do the necessary changes by pen in the agreement.

6. i ask to remake the agreement, i do not sign on the pen corrections.

7.company takes the copy from me asures that the requisite corrections will be made and the agrrement can be jointly signed some other day.

8.i allow the company to take away the agreement bearing my signature, as i have faith in the company and also i have not yett issued the cheque of certain fees as mentioned in the agreement. i asume i am safe. i do not ahve the copy of the agreement with me

9. due to some reasons , me and company fallout. i forget the agreement.

0. after four months based on this agreement company claims franchisee fees from me and also certain royalty  for the operations that i nvere excuted.

MY QUESTIONS

1. i did not pay the franchisee fees which was one of the clause in the agreement. can the sgreement be considered valid.

2.the company manipulated the gareement later , can the ink test show that there is a variation in the time at which the signature is done.

3.there was no signature of  the witness on the agreement earlier , but now the company has misused the copy which was with it and have brought in some witness signature. what is the criteria for witnesses

4. On the corrections made by pen , there is no counter signatures an this lead the agreement to be void?



Learning

 4 Replies

R.R. KRISHNAA (Legal Manager)     07 January 2010

The agreement is valid and you have to pay the franchisee fees.

As regards manipulation done by the company, the burden will lie on you to prove that the company has done manipulation.

It would not be any problem for the company to have obtained the signatures of witnesses at a later time.  The witness attestation is valid.

So far as the corrections made in ink pen and not attested by you, it shall not be binding on you.  You shall fairly challenge the same.  But the rest of the contents of the agreement will be binding on you. 

1 Like

tanya singh (self employed)     07 January 2010

i read somewhere that an agreement cannot be considered as executed if any clause required to execute it is not fulfilled

Parveen Kr. Aggarwal (Advocate)     07 January 2010

Whether there was any condition in the agreement upon fulfillment of which only the agreement was to become enforceable?

tanya singh (self employed)     08 January 2010

i need to heck..


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