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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.
Nebraska is a franchise filing state, not a registration state. Prior to offering or selling a franchise in Nebraska, you must file a notice with the State of Nebraska Department of Banking and Finance, Bureau of Securities. The initial Nebraska filing fee is $100.
Typically franchisees will be granted an operating territory within which they are required and restricted to conduct the operations of their franchise business.
Once you have entered into a franchise agreement the only way that the agreement can be amended is with the consent of all the parties.
The Franchise Rule requires the pre-sale disclosure of material information to prospective franchisees about the franchisor, the franchised business, and the terms and conditions that govern the franchise relationship.
What Is An Exclusive Territory Clause? An exclusive territory is a specified area where only one franchisee can conduct business. This essentially stops other franchisees or the franchisor from interfering with franchise operations within the designated exclusive territory.
Although your franchise agreement will designate your franchise territory and the level of protection you are granted within FDD Item 12, your franchisor is required to disclose the scope, size, and level of protection it will afford you within your franchise territory.
A protected franchise territory refers to a specific area that a franchisor grants the franchisee the right to operate within, meaning other franchisees and sometimes the franchisor itself are unable to enter that market.