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The Franchise Disclosure Document (FDD) is a pre-sales disclosure document that provides franchise buyers with information about the franchisor, franchise fees, and opportunity. The Franchise Agreement is the legal agreement that creates a franchise relationship.
A disclosure statement is a financial document given to a participant in a transaction explaining key information in plain language. Disclosure statements for retirement plans must clearly spell out who contributes to the plan, contribution limits, penalties, and tax status.
The FDD outlines comprehensive information about the roles of both parties involved in the franchise?the franchisor and the franchisee?and is designed to enable the potential franchisee to make an honest and informed decision about their investment into the business.
Franchise sales agent means a person who directly or indirectly engages in the offer or sale of any franchise on behalf of another. Franchisors, subfranchisors, and their employees are not to be considered franchise sales agents.
Summary A Franchise NDA (Non-Disclosure Agreement) is a confidentiality agreement that can be used by a franchisor to protect sensitive franchise-related information disclosed to prospective franchisee owners before the franchise agreement is entered into.
The franchise agreement should outline the rights and obligations of both the franchisor and the franchisee. The main purpose of this contract is to protect the intellectual property of the franchisor.
Here are things to look for as you review the FDD. Franchisor's Background (FDD Item 1) ... Business Background (FDD Item 2) ... Litigation History (FDD Item 3) ... Bankruptcy (FDD Item 4) ... Initial and Other Fees (FDD Items 5-7) ... Supplier, Territory and Customer Restrictions (FDD Items 8 and 12) ... Advertising and Training (FDD Item 11)
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.