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A Franchise Broker Agreement serves as a crucial legal document when establishing a relationship between a franchisor and a broker. This agreement outlines the terms and conditions under which a broker will solicit and screen potential franchisees (referred to as "Clients") for the franchisor's business. Here's why this template is essential for both parties involved.
A Franchise Broker Agreement is a contractual arrangement that delineates the responsibilities and obligations of franchisors and brokers. It defines the scope of services provided by the broker, including client acquisition, screening, and communication with potential franchisees on behalf of the franchisor. Additionally, it specifies the compensation structure, commission rates, confidentiality, and any other relevant terms.
1. Identify and introduce prospective clients: The Broker should use commercially reasonable efforts to identify and introduce new prospective clients to the Company.
2. Commission structure: The Company will pay commission to the Broker.
3. Payment: The Company is obligated to make the commission payment within a specified number of days after receiving the contract price in full from the client.
4. Diligently work to identify clients: The Broker should diligently work to identify and introduce clients to the Company. This includes facilitating introductions and communications, exchanging information, and arranging meetings between the Company and potential clients.
5. Confidentiality of business secrets: The Broker must keep all of the Company's business secrets confidential at all times during and after the term of the agreement. This includes not making unauthorized copies or records of any business secrets or removing any business secrets from the Company's facilities without consent.
6. Termination and non-solicitation: Either party has the right to terminate the agreement by providing written notice at least thirty days before the intended termination date. After termination, the Broker should not solicit or approach any of the Company's clients, manufacturers, or suppliers.
7. Independent contractor status: The Broker will serve as an independent contractor and not as an employee of the Company. The Broker is responsible for paying taxes and expenses incurred in their sales endeavors.
8. Communication and notices: All notices should be made in writing or by email. The addresses of the parties should be clearly stated in the agreement.
9. Entire agreement and amendments: The agreement constitutes the whole agreement between the parties and supersedes any prior agreements or understandings. Any alterations or variations to the agreement must be made in writing and signed by both parties.
10. Governing laws and jurisdiction: Any disputes arising from the agreement will be governed by the specified laws and jurisdiction.