What to do about a potentialbreach of contract?

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What to do about a potentialbreach of contract?

I was part of a boot camp franchise focusing on stroller based fitness. I am no longer part of the franchise and the franchise owner found out I am operating a new business of my own. Sent letter saying I am in breach of contract and is asking for me to sign a letter stating I will cease and desist but new letter has far more specific wording then the contract I signed when I joined the franchise. I don’t think it matches.

Asked on November 5, 2010 under Business Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No one can help you here unless they read the contract and the letter and let you know if indeed you are in breach.  You need to bring both documents to an attorney to review and to discuss with you what he or she thinks about your situation.  The attorney will also be asking you questions about your new business.  Is it the same "type" of business?   Does it market to the same customers as the franchise?  Are you using the customer list that was developed during the time you worked for the franchise?  All these questions and more will have a bearing on your situation and if you violated the contract.  Good luck.


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