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 Dakota Master Franchise Agreement
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Advantages of a Master Franchise Agreement In terms of investment, an MFA may help you lower your initial outlay and ongoing expenses. Since you're responsible for developing the network within your territory, you often receive a portion of franchise fees and royalties from the franchisees you oversee.
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 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.
In effect, a master franchisee becomes the franchisor for his territory and is responsible for recruiting and training his own franchisees, whereas in what you call a normal franchise the franchisee simply runs the outlet delivering the product or service.
The Drawbacks In this scenario, franchisors often have less control over their franchises after a master franchisee comes into play as their responsibilities would also be delegated away. This could potentially result in brand dilution and inconsistent service standards.
In effect, a master franchisee becomes the franchisor for his territory and is responsible for recruiting and training his own franchisees, whereas in what you call a normal franchise the franchisee simply runs the outlet delivering the product or service.
The master franchisee receives a large percentage, sometimes 50% of the initial franchise fee and ongoing royalties, although it varies depending on the brand. This is a mutually beneficial arrangement as a sub-franchisor is compensated for developing an area on behalf of the franchise brand.
For this reason, every franchise agreement includes a termination clause. While some agreements provide termination rights to the franchisee, most agreements only allow the contract to be terminated if there is a ?good cause?, which is left to each state to define.