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A typical franchise agreement should include clauses pertaining to location, duration, operation, fees, and use of intellectual property. However, basic knowledge would not suffice to conclude such an important contract, and professional legal advice is necessary.
Duration and renewal It is important that the agreement clearly demonstrates the duration of the contract. Generally, franchise agreements start with an initial term and often offers the franchisee the opportunity to request renewal for another fixed term when that comes to an end.
In exchange for the right to use the franchisor's name and benefit from the franchisor's assistance, you will pay some or all of the following: Initial Franchise Fee and Other Expenses. ... Continuing Royalty Payments. ... Advertising Fees. ... Site Approval. ... Design or Appearance Standards. ... Restrictions on Goods and Services You Sell.
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.
Details about the use of the franchisor's trademark/trade name and intellectual property. The franchise agreement. All the know-how (business and technical methods and processes) on how to run the franchise business. The operations manual sets out in detail all the procedures required to run the business.
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.
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.
What are the elements of a franchise agreement? Preamble. A franchise agreement should contain a preamble that explicitly identifies the franchisor and franchisee. ... Grant of rights. ... Territory rights. ... Fees. ... Advertising and marketing. ... Quality control measures. ... Termination and breaches.