This form is a unit franchise agreement. The sample ABC Unit Franchise Agreement is written from the perspective of the franchisor, based on the assumption that the franchisor will normally have prepared the initial draft of the franchise agreement which is included in the Offering Circular. The agreement may or may not be subject to negotiation, depending on state law and the current business practices of the franchisor.
Louisiana Franchise Agreement - Single Location, with Form of Personal Guaranty and Collateral Assignment of Lease
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FAQ
A personal guarantee is a binding contract that makes you personally liable for performing every term of the franchise agreement, including not only operational terms, but also financial terms liability for lost future royalties and attorneys' fees and non-competition covenants.
A few franchise agreements don't allow you to assign or transfer but most do, provided you meet certain conditions. The conditions can vary depending on the type of franchise and the franchisor but usually require: Notice of your intent to transfer.
What are the Most Important Sections in the 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. Renewal, Termination and Transfer of 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.
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.
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.