If you are about to become involved in franchising, you'll soon come across a franchise agreement. These are often 40-60 pages long, (and sometimes much longer) and deal with a wide range of different legal concepts. The following is a guide to some of the things you can expect to find covered in a franchise agreement.
A franchise agreement is a contract under which the franchisor grants the franchisee the right to operate a business , or offer, sell, or distribute goods or services identified or associated with the franchisor's trademark .
The franchise agreement is a legal contract. It establishes an individual or a business entity as a franchisee. Once signed, there may be legal consequences if you or the franchisee fail to comply with its terms. These documents are usually lengthy as they contain a lot of information.
With a proper grasp of the three conditions of a franchise agreement – terms, rights and obligations, and termination – parties can confidently enter into a full franchising agreement or partnership, knowing their individual and collective interests are protected by a legally binding contract.
Franchise agreements typically last for a fixed term, often between an initial period of 5-10 years. However, they can sometimes extend up to 25 years. As a franchisee, it's essential to understand your options when it comes to renewing or terminating your agreement.
Depending on the franchisor's sector of activity, the characteristics of the franchisees sought, the level of investment required in the franchise, and the terms and conditions of the financing contracted by the franchisee, the ideal initial term of a franchise agreement today can therefore range from one year to 20 ...