Franchise Agreement

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 Entity (the franchisor) grants to another Entity (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.

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
Definitions
Implied Meanings
Grant of Franchise
Cooling off period
Preconditions
What does the franchisee have to do?What does the franchisee have to do?
Authorised Services
Renewal
Nominated Representative
Training
Intellectual property
Confidentiality
Goodwill
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
Amendments
Transfer and Assignment
Termination
Obligations upon Termination
Dispute resolution
Costs
Notices
Further assurances
Entire Agreement
Injunction
Guarantee

View Sample Document

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