7-Eleven Franchise Complaints

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• JURY TRIAL. YOU AND WE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IRREVOCABLY WAIVE ALL RIGHTS TO TRIAL BY JURY AS TO ANY ISSUE RELATING TO THIS SECURITY AGREEMENT IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS SECURITY AGREEMENT.

  (e) Cumulative Rights, Etc. Our rights, powers and remedies under this Security Agreement will be in addition to all rights, powers and remedies given to us by applicable law, the Franchise Agreement or any other agreement, all of which rights, powers, and remedies will be cumulative and may be exercised successively or concurrently without impairing our rights under this Security Agreement. You waive any right to require us to proceed against any person or to exhaust any Collateral or to pursue any remedy in our power.

  (f) Governing Law, Construction. This Security Agreement will be governed by and construed according to the laws of the state in which you are located from time to time in effect except to the extent preempted by United States federal law. It is expressly stipulated and agreed to be your intent and our intent at all times to comply with applicable law governing the highest lawful rate or amount of interest payable on the Obligations. If the applicable law is ever judicially interpreted so as to render usurious any amount called for under the Franchise Agreement, or contracted for, charged, taken, reserved or received with respect to the Obligations, or if our exercise of our remedies under this Security Agreement or the Franchise Agreement or if any payment by you results in you having paid any interest in excess of that permitted by applicable law, then it is your and our express intent that all excess amounts previously collected by us be credited on the principal balance of the Obligations (or, if the Obligations

• This reads like a Franz Kafka novel....."you are guilty if we say you are guilty and if you plead innocence then in our sole discretion we will determine you to be doubly guilty unless you cry uncle in which case pursuant to paragraph 47(h) we may allow you to plead guilty"......If there was ever a need for legislation leveling the field in franchised business relations the foregoing is it......abuses by franchisors are out of control and unscrupulous franchise business models force otherwise hard working honest people into bankruptcy or worse........this must end!

• Moving forward, I think the independent contractor status of 7-Eleven franchisees is an important issue. Do you think that SEI has crossed the line and is exerting SO much control over franchisees that they can no longer be considered independent business owners?

  Do you think this designation is still valid:

  "Independent Contractor. You and we agree that this Agreement creates an arm’s-length business relationship and does not create any fiduciary, special or other similar relationship. You agree... to exercise complete control over and responsibility for all labor relations and the conduct of your agents and employees, including the day-to-day operations of the Store and all Store employees... we do not exercise any discretion or control over your employment policies or employment decisions. All employees of the Store are solely your employees and you will control the manner and means of the operation of the Store..."

  Has SEI exerted control or had influence over your employment policies or employment decisions, for example?

• Before I go too far I would like to share something with each of you;
  " The general rule is that an individual is an independent contractor if the payer (SEI) has the right to control ONLY the result of the work and NOT what will be done and how it is done."
  "In determining whether the person providing services is an employee or an independent contractor, ALL information that provides evidence of the degree of control and independence must be considered."
  "You are NOT an independent contractor if you perform services that can be controlled by an employer (what will be done and how it will be done). This applies even if you are given freedom of action."
  These are all taken directly from IRS code defining factors which designate (legally) whether you are an employee or an Independent Contractor.
  Does SEI tell you how to do the work and what to use to get it done, and when it must be completed? Does your Market Manager or Field Consultant come into your store and dictate these things to you and openly or subtly threaten you with punitive action if you do not comply in the proper manner, fashion and time frame?
  Does any "employee" of SEI come into YOUR store to tell you how to do anything? If they tell you what to do and how to do it, YOU ARE AN EMPLOYEE AND NOT AN INDEPENDENT CONTRACTOR!!!
  Once again I would ask each of you to help Jerry Marks help you. CONTACT HIS FIRM IMMEDIATELY to request his help. It is time to take the battle to SEI and the Japanese owners instead of continuing to wait to see what they will try to do to you! Hold them as accountable for their actions and transgressions as they do you!
  How many of you know and can prove that you are getting ALL of the manufacturer rebates and allowances they are paying to SEI on your behalf? You will NEVER know because you do not even know how much SEI is actually receiving on your behalf. Hell, the manufacturers don't even know if you are getting your fair share. How many of you are getting a a percentage of the "placement allowances" manufacturers are giving to SEI? You aren't sure of that either, because SEI NEVER discloses that information to you. YOU NEVER KNOW WHAT THEY ALL GIVE TO SEI ON YOUR BEHALF!!! It is NOT a partnership and you are not independent by IRS code requirements! Contact these attorneys who are trying to hold SEI accountable for their deeds and misdeeds against you.
  Regardless what those poor "accused" Franchisees may have done, we can not overlook the fiduciary responsibilities SEI not only overlooked, but violated in the way they have treated these people. SEI is trying to take the heat of themselves by openly blaming and punishing the Franchisee. The recent actions taken by Joe DiPinto and his gang only provide more evidence that you are employees and not independent contractors. Ask yourself this, how can the Japanese again make record profits (on your backs) and still try to punish those who provided those profits for them??? It is because YOU ARE EXPENDABLE!! Profits at all costs, and look at how much money SEI stands to gain (that they do not share with you) from forcing those franchisees out of the system and "selling" those stores to someone else. At $250 thousand to $500 thousand per store, they stand to gain a lot of revenue that is free and clear!!! More than the store is likely to make in profit for several years...

  I apologize for jumping all over the place. It just makes me so angry that SEI is being allowed by the Franchisee Community to get away with all this. Your National Coalition Chairman will NOT represent you well!!! Please, contact Jerry Marks and lets put a stop to this mistreatment and violation of your rights!!!

• SEI is planned 7-11 experience Seminar in Vegas Next year in January like this year.
  SEI have made 6-8 millions dollars. SEI pressured franchisee's to come to Vegas through FC/Market manager's.
  SEI made millions from vendors. They sold booth for $50k to $500k. They TOLD vendor to attend their (SEI)TRADE SHOW or they won't be 7-11 approved vendor. They told franchisee to attend Seminar or they are not getting the second store.
  Now SEI made million because of franchisee's with the trade show they have done at seminar.
  My question to every one is.. Shouldn't we the franchisee have right on that profit made by SEI , if we are their 50% partners.

• It is important that Franchisees give 7 Eleven the EXPERIENCE of not going to Las Vegas next January even if it for FREE.
  Let's all pass a message to Joe his Goons next January.

• I'm currently franchisee with 7-eleven and have different store but at these time these company become so unfair and selfish. Because even on the gross profit split they promote 50 percent but really not with ur new store depends on ur sale if u sale more ur split is less. Which makes the franchisee frustrated for doing good u get punished.

• I have been a Franchisee for 9 years. It seems now I have less and less control of my Business, whoops I must be 7-11 Franchise Manager.
  You are an Employee 7-11 when the Market Manager sends F C to my store to do 2 cash audits, I guess to see if I stealing my own money, $500.00 or so for the Month on gross sales of about $185,000.00
  Imagine this, if I was a independent business owner, they would not do this. I let them do it to prove I not doing anything wrong, Maybe I should stop selling Lottery and hiring new employees so no mistakes happen. Maybe the FC's would do the audit right the first time so I would not have to correct his mistakes.
  What should I do with this situation? help.

• Dear Chairman, Bruce Maple:

  Please accept my apology first and in advance if any cases. I don't have any personal issue with you except you are the chairman of 7-11 franchisee's group.

  Your leadership is getting useless, you are not doing a right job for the group. STEP DOWN. STEP DOWN. You lost already your leadership.

• Falcon...he cannot resign....he is waiting to SERVE SEI LEADERship while he waits for next water contract. Bruce has always ONLY served himself. If National Coalition re-elects him the coalition will be done.