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Master franchises

Most growing franchise systems in the United States that are expanding nationwide are granting rights to an entire state, such as all of Florida.

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Master Franchising

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The Franchise Agreement – what’s included?

The franchise agreement is a legal binding document that outlines the obligations of both the franchisee and the franchisor.  By contractually outlining the obligations, i.e. what is expected of both parties, the franchise agreement helps to protect the franchise business.

The franchise agreement will be the same for all franchisees within the same network.  As there are no special clauses or deals for any individual franchisee, the franchise agreement helps to ensure conformity and equality throughout the network.

As it is a legally binding document, it is essential that you have a franchise attorney in Florida look over the agreement for you.  Though the agreement is non-negotiable, having an attorney explain it to you in detail means that confliction arising further down the line is less likely.

Though there is not a standard form of the agreement due to the operations, terms and conditions of each franchise business varying depending on the nature of the business, key areas include:

Territory – where you can operate and any exclusivity rights you have.

Operations – how the franchisee is expected to run his/her business.

Intellectual property – proper usage of the franchise’s trademark, patent, logo and branding.

Franchise fees – outlines the initial fees and what franchisees get for their money, as well as the franchisor’s royalty structure, i.e. what ongoing fees have to be paid and when.

Advertising/Marketing - what fees , if any, need to go towards the marketing budget and the franchisors commitment to marketing.

Initial help for franchisee – what initial training and support will be provided to the franchisee and staff to help set up their business.

Ongoing training and support – what ongoing technical and administrative support the franchisee should expect, and what retraining programmes are offered throughout the duration of the franchise.

Duration of franchise contrac – will describe how long the franchise contract will run for and what happens at the end of it.  Arbitration clauses are also included here.

Exit strategies – what the resale policy is.

The franchise agreement will go into each of these areas in greater detail to outline the obligations of both the franchisor and the franchisee.

 


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