Check a same-terms renewal for a written disclosure opt-out

Key facts

Human involvement
YellowClose supervision
How AI is used
Where the renewal continues without interruption and the new terms do not differ from the original agreement, record any writing the franchisee signed about disclosure. Report that the opened rule contains no franchisee opt-out form for that renewal. Do not draft one.
What the lawyer must review
Under 16 CFR 436.1(t), extending or renewing an existing franchise where there has been no interruption is not a sale of a franchise unless the new terms differ materially from the original agreement. Where there is no sale, Part 436 does not require a disclosure document for that renewal. The opened text provides no form on which the franchisee opts out of disclosure for a same-terms renewal. The large-investment acknowledgment in 16 CFR 436.8(a)(5)(i) is an exemption writing for a sale that meets that paragraph. It is not an opt-out of a renewal. The lawyer confirms the terms are the same and that operation was not interrupted. ABA Model Rules 1.1 and 5.3 and Formal Opinion 512 leave that confirmation with the lawyer.
Written for / version
United States versionUS

Who does what

Who does what
RoleWhat they do
AssistancePotential support includes preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
  2. Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
  3. Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.

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