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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.
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.
As previously described, sub-franchising is the term used to describe the relationship between a master franchisee and the unit sub-franchisee. This right usually arises from the rights granted in a master franchise agreement, but it is not the rule.
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.
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 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.
Arkansas is not a franchise registration state nor a franchise filing state, so you may offer or sell your franchise without registering or filing your Franchise Disclosure Document (?FDD?) with the state, provided that you are compliant with the Federal Franchise Rule.
A typical franchise agreement should include clauses pertaining to location, duration, operation, fees, and use of intellectual property.