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That’s literally one of the questions at stake. If I buy a machine — whether I’m compelled to or not — why shouldn’t I have the right to fix it myself? A contr

That’s literally one of the questions at stake. If I buy a machine — whether I’m compelled to or not — why shouldn’t I have the right to fix it myself? A contract does not contravene federal or state law.

Alupis 3y ago
> A contract does not contravene federal or state law It does in this case. If you do not follow McDonald's instructions and/or contract, they will terminate your franchise. As much as you believe a franchisee has a right to use whatever machine they want, and repair it with whatever parts they want, that's just not how franchises work. They are franchises, not individual restaurants. They do not get a choice over how long to cook the burgers, what size fries to offer, what grills to use, and what soft serve machine to use and it's sanitization standards. There's an approved parts and vendor list for everything in a McDonald's restaurant. Franchisees basically get a catalog of approved things they can use. McDonald's sells consistency above basically anything else. They have clearly decided having machines be inoperable is better than risking getting someone sick. The machine's are designed for inattentive employees with little to no training to operate effectively and safely. If the machine says "no go", then that's final. McDonald's wants that safety and consistency across all stores, and that is their right as the brand owner. No Right to Repair law will change the terms of franchise agreements. Franchises that refuse to honor their agreement will simply be terminated. That's McDonald's right. Honestly... as far as fast food franchises go, McDonald's is perhaps the most clean and consistent - given their massive size (double their next closest direct competitor). It's a marvel things are as safe as they are, given the varying quality and level of caring each franchise owner can have. People cut corners when things get tough. A franchisee with autonomy over things like deep cleaning of the soft serve machine will choose not to do it if they can sell more (quite literally what people are advocating for in this very thread). It's not their reputation and brand at risk, it's McDonalds'. Frankly, it's a good thing McDonald's exerts this level of control.
- jonny_eh 3y ago
  > It does in this case. If you do not follow McDonald's instructions and/or contract, they will terminate your franchise. Contracts cannot remove all rights. For example, they can't force you to place yourself in harms way, or to harm others.
  - Alupis 3y ago
    If you don't agree to, refuse to follow, or ignore McDonald's terms, they will refuse to allow you to operate using their brand (ie. franchise). There is no law that forces McDonald's to extend you a franchise license. It's their right to run their brand how they want. Part of the franchise contract would be an agreement to use their approved vendor/parts list. > or to harm others Their policy exists for exactly this reason - prevent food borne illness from difficult to clean and maintain machines, ie. soft serve machines. Anyone who has worked in a restaurant with a soft serve machine knows how much of a PITA they are to maintain and clean. Which means they don't get properly maintained or cleaned on average. McDonald's policies force franchises to maintain the machines. It's really simple, and it's really good.
    - ChadNauseam 3y ago
      I agree with you that this idea makes no sense. But I think your argument doesn't make sense. McDonalds can't deny someone a franchise license on the basis of them being black. They are compelled to not consider race when offering franchise licenses regardless of whether or not they'd like to. (I say that because, as far as I know, having non-race-blind preferences on who to do business with is not a crime, only acting on it is.) I see no reason a similar law couldn't theoretically also force them to not consider whether owners modify their ice cream machines.
      - Alupis 3y ago
        If some law passed and McDondald's was going to lose control of franchises, consistency and their brand, they'd probably pivot to a mostly or entirely corporate-owned/operated model. However, it's unreasonable to assert a franchise should be able to use whatever devices, machines, standards and consistency they want... which is what is being advocated here it seems. You can go anywhere in the world and get a Big Mac or McFlury and expect it to be the same consistency as anywhere else. That's what McDonald's sells - consistency. If they lose that control, then they are not a brand anymore, just a loosely connected chain of independent restaurants doing whatever they want. That's not in anyone's best interest. McDonald's can deny a license for pretty much any reason, or no reason, and nobody would be able to compel them otherwise. It is their brand, and nobody has a right to operate using that brand unless McDonald's allows it. That's the entire point of a franchise - use someone else's brand. Ever go to a fast food restaurant and get watered down soda? That's what happens when the franchise owner has autonomy over those types of decisions. Save a few cents and piss off customers. Who do you get mad at - the franchise owner or the brand? While gross, nobody gets sick from watered down soda - people can get sick from improperly cleaned soft serve machines. McDonald's avoids that by exerting this level of control.

Alupis 3y ago

> A contract does not contravene federal or state law It does in this case. If you do not follow McDonald's instructions and/or contract, they will terminate your franchise. As much as you believe a franchisee has a right to use whatever machine they want, and repair it with whatever parts they want, that's just not how franchises work. They are franchises, not individual restaurants. They do not get a choice over how long to cook the burgers, what size fries to offer, what grills to use, and what soft serve machine to use and it's sanitization standards. There's an approved parts and vendor list for everything in a McDonald's restaurant. Franchisees basically get a catalog of approved things they can use. McDonald's sells consistency above basically anything else. They have clearly decided having machines be inoperable is better than risking getting someone sick. The machine's are designed for inattentive employees with little to no training to operate effectively and safely. If the machine says "no go", then that's final. McDonald's wants that safety and consistency across all stores, and that is their right as the brand owner. No Right to Repair law will change the terms of franchise agreements. Franchises that refuse to honor their agreement will simply be terminated. That's McDonald's right. Honestly... as far as fast food franchises go, McDonald's is perhaps the most clean and consistent - given their massive size (double their next closest direct competitor). It's a marvel things are as safe as they are, given the varying quality and level of caring each franchise owner can have. People cut corners when things get tough. A franchisee with autonomy over things like deep cleaning of the soft serve machine will choose not to do it if they can sell more (quite literally what people are advocating for in this very thread). It's not their reputation and brand at risk, it's McDonalds'. Frankly, it's a good thing McDonald's exerts this level of control.

jonny_eh 3y ago
> It does in this case. If you do not follow McDonald's instructions and/or contract, they will terminate your franchise. Contracts cannot remove all rights. For example, they can't force you to place yourself in harms way, or to harm others.
- Alupis 3y ago
  If you don't agree to, refuse to follow, or ignore McDonald's terms, they will refuse to allow you to operate using their brand (ie. franchise). There is no law that forces McDonald's to extend you a franchise license. It's their right to run their brand how they want. Part of the franchise contract would be an agreement to use their approved vendor/parts list. > or to harm others Their policy exists for exactly this reason - prevent food borne illness from difficult to clean and maintain machines, ie. soft serve machines. Anyone who has worked in a restaurant with a soft serve machine knows how much of a PITA they are to maintain and clean. Which means they don't get properly maintained or cleaned on average. McDonald's policies force franchises to maintain the machines. It's really simple, and it's really good.
  - ChadNauseam 3y ago
    I agree with you that this idea makes no sense. But I think your argument doesn't make sense. McDonalds can't deny someone a franchise license on the basis of them being black. They are compelled to not consider race when offering franchise licenses regardless of whether or not they'd like to. (I say that because, as far as I know, having non-race-blind preferences on who to do business with is not a crime, only acting on it is.) I see no reason a similar law couldn't theoretically also force them to not consider whether owners modify their ice cream machines.
    - Alupis 3y ago
      If some law passed and McDondald's was going to lose control of franchises, consistency and their brand, they'd probably pivot to a mostly or entirely corporate-owned/operated model. However, it's unreasonable to assert a franchise should be able to use whatever devices, machines, standards and consistency they want... which is what is being advocated here it seems. You can go anywhere in the world and get a Big Mac or McFlury and expect it to be the same consistency as anywhere else. That's what McDonald's sells - consistency. If they lose that control, then they are not a brand anymore, just a loosely connected chain of independent restaurants doing whatever they want. That's not in anyone's best interest. McDonald's can deny a license for pretty much any reason, or no reason, and nobody would be able to compel them otherwise. It is their brand, and nobody has a right to operate using that brand unless McDonald's allows it. That's the entire point of a franchise - use someone else's brand. Ever go to a fast food restaurant and get watered down soda? That's what happens when the franchise owner has autonomy over those types of decisions. Save a few cents and piss off customers. Who do you get mad at - the franchise owner or the brand? While gross, nobody gets sick from watered down soda - people can get sick from improperly cleaned soft serve machines. McDonald's avoids that by exerting this level of control.