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This is a Franchise Agreement made between a Franchisor and Franchisee on a current date with a Principal involved in the agreement. The Franchisor has developed a distinctive system, intellectual property, confidential information, techniques, and methods used to operate a business. The Franchisee wants to obtain the right and franchise to operate the Franchisor's business system, utilizing the Franchisor's knowledge, skills, and experience. The agreement recognizes the substantial reputation and goodwill established by the Franchisor in the business and the need for the Franchisee to conform to the high standards and uniform specifications of the said business. The agreement defines the terms and conditions of the agreement and the responsibilities of the parties.
The agreement outlines the definitions of expressions used in the agreement, including the Accounting Reference Date, Advertising Contribution, Business, Business Day, Commencement Date, Credit Limit, Expiry Date, Gross Turnover, Initial Fee, Insurance Premium, Minimum Performance, Operating Manual, Payment Date, Permitted Name, Premises, Products/Services, and Proprietary Marks.
The Franchisee will operate the business in accordance with the Franchisor's Operating Manual and adhere to the high standards and uniform specifications of the business. The Franchisee must pay the Initial Fee to the Franchisor to receive the right to operate the business. The Franchisee must pay the Franchisor an Advertising Contribution that is a percentage of the Gross Turnover earned by the Franchisee in the twelve-month period preceding the Accounting Reference Date. The Franchisee must obtain insurance as specified by the Franchisor, and the Franchisee must meet the Minimum Performance requirements.
The Franchisee may only use the Permitted Name and the Proprietary Marks in the course of the Business. The Franchisee must not make any changes to the Proprietary Marks without the prior written consent of the Franchisor. The Franchisee must operate the business in the approved Premises and obtain the consent of the Franchisor before relocating.
The agreement will commence on the Commencement Date and continue for the Term, unless terminated earlier by either party, and may be extended by the parties. The Franchisee may terminate the agreement with notice, and the Franchisor may terminate the agreement if the Franchisee breaches the terms of the agreement.
In conclusion, the Franchise Agreement outlines the terms and conditions for the Franchisee to obtain the right and franchise to operate the Franchisor's business system. The agreement includes provisions on the use of Proprietary Marks, adherence to high standards, payment of fees, insurance requirements, and performance expectations. The agreement will commence on the Commencement Date and continue for the Term, subject to termination earlier by either party.
Franchising is a popular way of expanding a business while reducing the risks and costs involved in expansion. However, the success of a franchise agreement depends on careful drafting and consideration of all parties' rights and obligations. This document is a sample franchise agreement that can be used as a template for franchisors and franchisees.
1. The agreement includes three parties: the franchisor, the franchisee, and the principal.
2. The agreement starts with a preamble that explains the purpose of the agreement and the background of the parties involved.
3. The definitions section defines key terms that are used throughout the agreement.
4. The franchisor grants the franchisee the right to operate the franchise business using the franchisor's proprietary marks and operating manual.
5. The agreement sets out the franchisee's obligations, including the payment of fees, the use of the franchisor's intellectual property, and compliance with the operating manual.
6. The agreement sets out the franchisor's obligations, including the provision of initial training, ongoing support, and the use of reasonable efforts to promote the franchise system.
7. The agreement also includes provisions on termination, renewal, and dispute resolution.
8. Parties should ensure that they understand the terms of the agreement and obtain legal advice before signing it.
9. This document can be modified to suit the specific needs of the parties, but any changes should be made carefully and with the advice of legal counsel.
10. In summary, this franchise agreement provides a framework for the relationship between the franchisor and franchisee, setting out their respective rights and obligations. It is an important document that should be carefully considered before entering into a franchise relationship.