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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.
Business Format Franchise Many well-known franchises like McDonald's, Starbucks, and Subway use the business format type of franchising. With this type, franchisees will pay fees to use the trademark, products, and services exclusively held by the franchisor.
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.
TYPES OF FRANCHISE ARRANGEMENTS Single Unit Franchise. Single Unit Franchise (or Direct Unit Franchise) is the most traditional and historically the most common form of franchising. ... Multi Unit Franchise. ... Area Development Franchise. ... Master Franchise.
The FDD outlines comprehensive information about the roles of both parties involved in the franchise?the franchisor and the franchisee?and is designed to enable the potential franchisee to make an honest and informed decision about their investment into the business.
How is a Franchise Disclosure Document Structured? Item 1: The Franchisor, and any Parents, Predecessors, and Affiliates. Item 2: Business Experience. Item 3: Litigation. Item 4: Bankruptcy. Item 5: Initial Fees. Item 6: Other Fees. Item 7: Estimated Initial Investment. Item 8: Restrictions on Sources of Products and Services.
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.
Before you invest in any franchise, get a copy of the franchisor's Franchise Disclosure Document (FDD). Under the Franchise Rule enforced by the FTC, you must receive the document at least 14 days before you are asked to sign any contract or pay any money to the franchisor or an affiliate of the franchisor.