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When it comes to structuring franchise arrangements, there are typically three different types franchise agreements. Single-Unit Franchise Agreement. ... Area Development Agreement. ... Master Franchise Agreement.
The franchisor's business background, ethics and any past bankruptcies. Fees and financial arrangements. Any restrictions on how the franchisee can source products and services, or what they are allowed to sell. A list of current and past franchisees.
The key elements of a franchise agreement generally include: Territory rights. ... Minimum performance standards. ... Franchisors services requirements. ... Franchisee payments. ... Trademark use. ... Advertising standards. ... Exclusivity clause. ... Insurance requirements.
As previously described, sub-franchising is the term used to describe the relationship between a master franchisee and the unit sub-franchisee. This right usually arises from the rights granted in a master franchise agreement, but it is not the rule.
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 vary between different franchises, but these seven areas should be addressed in every franchise agreement. Use of Trademarks. Location of the Franchise. Term of the Franchise. Franchisee's Fees and Other Payments. Obligations and Duties of the Franchisor. Restriction on Goods and Services Offered.
The Franchise Agreement It needs to fully prepare the franchisee to operate from day one. Including automatic or discretionary rights of renewal and the ability to renegotiate terms. Outlining exclusive territory rights, obligations and ability to dilute territory if obligations are not met.
Sub-franchising is a provision whereby a franchisor grants the right to a sub-franchisor to assume the role and rights of the franchisor in selling to pro- spective franchisees the ability to establish and operate franchsed units within a speci- fied regon.
Another important difference is that master franchisees normally have the right to collect and receive the franchise fees from sub-franchisees, and the duty to in turn pay a portion of such fees to the franchisor, while sub-franchisees are obliged to pay such relevant fees to the master franchisee.
Franchise systems sell a master franchise (also known as a ?sub-franchise?) in order to more rapidly expand their brand and system. Master franchising is typically the most common way brands expand internationally.