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 How to negotiate contract for someone's recipe

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neilbhave

  • Total Posts: 6
  • Joined: 4/15/2008
  • Location: New York, NY
How to negotiate contract for someone's recipe Tue, 04/15/08 8:08 AM (permalink)
Hi there, I used to live in New York City and loved to eat at a particular street vendor. I will soon be in negotiations with him to start another stall in the country I'm in right now. I'll be investing in the stall myself and the only support I need from him is the recipe and some advice based on his years of experience.

How do I go about creating a fair contract for him? Should I offer him a percentage of my monthly profit? That's what I was thinking of, but if so, how much? Alternatively, should I be making a one time payment for his recipe?

Please advice me on this subject, thanks!
 
#1
    SimonD

    • Total Posts: 100
    • Joined: 5/19/2007
    • Location: Huntsville, AL
    RE: How to negotiate contract for someone's recipe Tue, 04/15/08 10:05 AM (permalink)
    I'd first just sit down with the guy and ask him what it'll take to get the recipe. Make it understood that you'd agree in writing never to sell in his neighborhood/city/county/state or whatever he requires. Try to agree on a one-time payment. You're likely to regret any percentage deal a few years down the road when you're still writing him checks.

    That said, how much to you really need HIS recipe and/or advice? How much trouble would it be come up with a similar recipe on your own?

    It shouldn't be hard to find a good chef who could taste his stuff and duplicate it for you almost exactly.
     
    #2
      neilbhave

      • Total Posts: 6
      • Joined: 4/15/2008
      • Location: New York, NY
      RE: How to negotiate contract for someone's recipe Tue, 04/15/08 12:23 PM (permalink)
      Thanks for the response, I'll be sure to mention that important point about not selling in NYC, or the US for that matter.

      I wish I could get my hands on the food again, but the problem is that I'm a 20 hour flight away and it's just not easy for me to try to replicate the dish. However, that's an excellent idea about hiring a chef and I wish I had done it while I was there.

      That said, now that I'm all the way here, I could create my own recipe, but the problem is that I think he's got an amazing recipe - I've taken about 10 people to the stall and not only did all say it was the best thing they'd had in ages, but like 5 out of the 10 said it's one the best dishes they've ever had. Personally, I was doing an internship near the stall for 3 months and I ate there every single day. The bottom line is that I'm nuts about the recipe and I just won't settle for anything except something identical!

      Okay, so I guess a one time payment will be the way to go then - including in the contract the important thing you mentioned about me never selling the item in the US.

      How much should the one time payment be? Considering the dish costs $4 ?

       
      #3
        Russ Jackson

        • Total Posts: 2079
        • Joined: 11/28/2007
        • Location: Upper Arlington, OH
        • Roadfood Insider
        RE: How to negotiate contract for someone's recipe Tue, 04/15/08 12:30 PM (permalink)
        What is the dish?
        And what is the establishment that is selling it.
        Maybe he would like to trade it for an all expence trip to your country in return for teaching you the recipe and setting you up.
        ...Russ
         
        #4
          neilbhave

          • Total Posts: 6
          • Joined: 4/15/2008
          • Location: New York, NY
          RE: How to negotiate contract for someone's recipe Tue, 04/15/08 12:57 PM (permalink)
          Hi Russ, thanks for the response. My friend just suggested the exact same thing about a minute ago, thanks for confirming that it's a good idea - I think I could create quite an attractive package for him if I pay him for the recipe and also sponsor his trip over here to get me fully prepared... the trip here might cost 2000 USD alone (for a few days)... the thing is that I'm not sure if he'd be attracted by just the trip alone - would you be? If I offer him money for the recipe on top of it... then the question is how much? Or will the trip be sufficient?
           
          #5
            neilbhave

            • Total Posts: 6
            • Joined: 4/15/2008
            • Location: New York, NY
            RE: How to negotiate contract for someone's recipe Tue, 04/15/08 1:02 PM (permalink)
            Slight Correction... it could cost close to 5000 USD actually... that's quite expensive...
             
            #6
              6star

              • Total Posts: 3915
              • Joined: 1/28/2004
              • Location: West Peoria, IL
              RE: How to negotiate contract for someone's recipe Tue, 04/15/08 1:03 PM (permalink)
              Perhaps this is not a necessary concern, but I would be worrying about being able to easily obtain the required ingredients (brands, etc.) in the country where you now reside. Since you do not mention your present location and not even the category of the recipe you are seeking, it is difficult to give specific advice. If the only way you can obtain a specific branded sauce (or other ingredient that happens to "make" the flavor in his recipe) is by having it shipped from NYC to the country where you are, it might be totally worthless for you to "buy" his recipe, since the price you would have to charge to cover the ingredients would be higher than customers would be willing to pay. You might do well to see what ingredients are available locally in the country where you are that will result in a dish which comes extremely close to having the flavor(s) you are seeking, and then decide.
               
              #7
                neilbhave

                • Total Posts: 6
                • Joined: 4/15/2008
                • Location: New York, NY
                RE: How to negotiate contract for someone's recipe Tue, 04/15/08 1:32 PM (permalink)
                Thanks 6Star, I'll be sure to keep in mind the ingredients aspect, that's very important. The problem is that I'm really not that great a cook myself and I don't think I could think of the ingredients just by remembering the taste of the dish... so I really need his help on this. But I will ensure in the contract that the payment to him is dependent on the ingredients being easily sourced in my country, at a reasonable price.
                 
                #8
                  quickdog

                  • Total Posts: 500
                  • Joined: 6/21/2007
                  • Location: campbell, CA
                  RE: How to negotiate contract for someone's recipe Tue, 04/15/08 6:26 PM (permalink)
                  quote:
                  Originally posted by neilbhave

                  Thanks 6Star, I'll be sure to keep in mind the ingredients aspect, that's very important. The problem is that I'm really not that great a cook myself and I don't think I could think of the ingredients just by remembering the taste of the dish... so I really need his help on this. But I will ensure in the contract that the payment to him is dependent on the ingredients being easily sourced in my country, at a reasonable price.



                  Seems like you are dodging a question asked about 3 times already. Are you trying to keep this dish a secret? It would be nice to know what it is? inquiring minds want to know lol
                   
                  #9
                    neilbhave

                    • Total Posts: 6
                    • Joined: 4/15/2008
                    • Location: New York, NY
                    RE: How to negotiate contract for someone's recipe Wed, 04/16/08 2:11 AM (permalink)
                    Hi quickdog, I noticed the questions, but I'd rather not give away the dish, it's a small market, I hope you understand...
                     
                    #10
                      doggydaddy

                      • Total Posts: 1847
                      • Joined: 6/11/2006
                      • Location: Austin, TX...got smoke?
                      RE: How to negotiate contract for someone's recipe Wed, 04/16/08 4:37 AM (permalink)
                      quote:
                      Originally posted by neilbhave

                      Hi quickdog, I noticed the questions, but I'd rather not give away the dish, it's a small market, I hope you understand...


                      Well yes, there are very few people who sell Tofu Gyros with pine nut tahini and fava bean hummus....

                      Neil, tell you what. I am a culinary chameleon, capable of cooking (and duplicating) most all recipes. Seriously.
                      I live in Connecticut and if you want to pay for an all day excursion which would include train fare plus a development fee, I probably can do a comparable job for what you want.

                      I work cheaper, and you won't have to fly me over to create it where you live. I would not mind a trip to your live, but current priorities would keep me here in the USA.

                      mark
                       
                      #11
                        bassrocker4u2

                        • Total Posts: 534
                        • Joined: 11/12/2003
                        • Location: new holland, PA
                        RE: How to negotiate contract for someone's recipe Wed, 04/16/08 5:01 AM (permalink)
                        i agree with mark. it snot that hard for a professional to dupe just about anything. you may be suprised. thre are probably a hundred other people here making the same thing right now, two thirds of which you would find better than your beloved street vendor. also, street vendors dont make thigns from scratch, so the dish you are seeking is probably a heat and serve item, available to anyone with a 'sysco' account, or some other similar type food supplyer.
                        thats something to think on. if you share your dish idea, we promise not to come to your country, which ever one it is, and start up a business in your back yard. but you have to reveal more, if you seriously want our help. we may even be able to steer you to the brand items.
                        peace out
                        mike
                         
                        #12
                          Russ Jackson

                          • Total Posts: 2079
                          • Joined: 11/28/2007
                          • Location: Upper Arlington, OH
                          • Roadfood Insider
                          RE: How to negotiate contract for someone's recipe Wed, 04/16/08 6:38 AM (permalink)
                          quote:
                          Originally posted by neilbhave

                          Hi quickdog, I noticed the questions, but I'd rather not give away the dish, it's a small market, I hope you understand...



                          Are you worried that one of us might travel half way across the world to compete against you in some stall on a side street?

                          [|)][|)][|)]

                          ...Russ
                           
                          #13
                            davebugg

                            • Total Posts: 188
                            • Joined: 2/27/2007
                            • Location: East Wenatchee, WA
                            RE: How to negotiate contract for someone's recipe Wed, 04/16/08 6:51 PM (permalink)
                            quote:
                            Originally posted by neilbhave

                            Hi quickdog, I noticed the questions, but I'd rather not give away the dish, it's a small market, I hope you understand...


                            Oh, fer crying' out loud. You've gotta be kidding. I, for one, do NOT understand and think you are just being a tad silly.
                             
                            #14
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