This is a master franchise agreement. The form grants franchise rights to a subfranchisor to operate restaurants and to procure, screen, qualify, train, and assist subfranchisees of the restaurant.
South Carolina Master Franchise Agreement
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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.
The three conditions of a franchise agreement are the payment of initial fees and ongoing royalties, adherence to the franchisor's system and standards, and the grant of territorial exclusivity. A franchise contract typically lasts for 5 to 10 years. The owner of a franchise agreement is the franchisor.
Under a master franchise agreement, the master franchisor grants to the master franchisee a specified area where the master franchisee has the right not only to open franchise units itself, but also to ?sub-franchise? to third parties.
The standard would be 50/50, but this will vary depending on roles and responsibilities. For example, if the master franchisee is doing less training and support, you as the franchisor may keep 70% of the royalty fees and pay the master 30%.
To franchise your business, follow these steps: Determine if Franchising is Right for your Business. Legally Prepare and Issue your Franchise Disclosure Document. Develop Your Franchise Operations Manual. Register Your Trademarks with the USPTO.
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.
Understanding Franchisor. The franchisor company generally receives an initial start-up fee, an annual fee, and a percentage of the branch's profits. It may also charge for other services.
There are 4 basic types of franchise agreements: Single-unit, multi-unit, area development and master franchising. A single-unit franchise is the most common and is simply where a franchisor grants a franchisee rights to open and operate one single franchise unit.