The 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.
North Carolina Annotations for Unit Franchise Agreement
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FAQ
There are two ?legally required documents you should become very familiar with before ?franchising your business: the Franchise Disclosure Document, and the Franchise Agreement.
A Franchise Disclosure Document includes 23 specific pieces of information (called items), the franchisors franchise agreement, and various exhibits (like a list of current and past franchisees, and audit financials of the franchisor.
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.
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 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.
At their core, a franchise agreement establishes how the franchisor and franchisee will operate together. It also outlines what duties and responsibilities must be upheld by both sides. However, specific franchise agreement types may work better for one situation over another.
Item 7 of the Franchise Disclosure Document (FDD) provides a prospective franchisee with the type and amount of expenditures it will incur before opening its franchise unit, as well as an estimate of the type and amount of expenditures it may incur during the initial period of operating its franchise unit.
North Carolina Franchise Law The State of North Carolina is a franchise filing state. This means that before offering and selling a franchise in the State of North Carolina a franchisor must first ensure that its Franchise Disclosure Document is current and filed with the North Carolina Secretary of State.