When to Use this Agreement
This agreement is a Franchise Agreement for the purposes of the Franchising Code of Conduct. It contains the provisions required by the Code as at the 1st July 2009.
Under this Franchise Agreement one party (the franchisor) grants to another party (the franchisee) the right to deliver goods and services to the marketplace under the franchisor’s trademark or tradename in exchange for a license fee.
The franchisor provides the franchisee with a proven business system covering the supply of products, equipment and training thereby keeping a degree of control over the way in which goods and services are marketed.
This document defines the terms and conditions under which "the franchisor" appoints "the franchisee" and specifies the rules under which the Franchise must operate.
see also Trademark Licensing Agreement
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The Contract includes the following provisions -
- Statement to the Franchisee
(pursuant to clause 10 of the Franchising code of conduct)
- Acknowledgment of receipt by Franchisee
- Declaration by Franchisee that he or she has received advice
- Introduction - Facts upon which this agreement is based
- Implied Meanings
- Grant of Franchise
- Cooling off period
- What does the franchisee have to do?What does the franchisee have to do?
- Authorised Services
- Nominated Representative
- Intellectual property
- The business name
- Ownership and confidential nature of the standard operating procedures
- Power of attorney
- Continuing obligations of the Franchisor
- Disclosure of material relevant facts
- Recurrent fees and interest
- Reports and records
- Specifications standards and procedures
- Management of the franchise business
- Death or permanent incapacity
- Telephones and facsimiles
- Risk and Insurance
- Relationship between Franchisor and Franchisee
- Incorporation of standard operating procedures
- Force Majeure
- Transfer and Assignment
- Obligations upon Termination
- Dispute resolution
- Further assurances
- Entire Agreement
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- Professionally drafted Franchise Agreement .
- Easy-to-follow Instructions
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- Preparation Hints and Tips Guide