Massie, Raymond 7/3/2019
For Educational Use Only
§ 50:6.Form drafting guide—Checklist—Drafting franchise…, 4A Am. Jur. Legal…
Massie, Raymond 7/3/2019
For Educational Use Only
§ 50:6.Form drafting guide—Checklist—Drafting franchise…, 4A Am. Jur. Legal…
4A Am. Jur. Legal Forms 2d § 50:6
American Jurisprudence Legal Forms 2d | May 2019 Update
Chapter 50. Business Franchises
II. Basic franchise agreements
§ 50:6. Form Drafting guide— Checklist—Drafting Franchise agreement
Summary | Correlation Table
Checklist of matters that should be considered in drafting a franchise agreement:
• Franchisor.
— Name.
— Address.
• Franchisee.
— Name.
— Address.
• Nature and extents of rights granted to franchisee.
— Duration of franchise period.
— Exclusiveness of franchise.
— Authorized use of trademark.
• Description of franchise territory.
— Geographic boundaries.
— Demographic considerations.
• Franchisee’s form of business.
— Corporation.
— Limited Liability Company.
— Partnership.
— Sole proprietorship.
• Payment by franchisee.
— Royalty fee.
— Service fees.
— Advertising fees.
— Amount of fees returnable on termination of agreement.
• Preliminary duties of franchisor.
— Construction of business premises.
— Lease of business premises.
— Feasibility studies for market area.
— Training of franchisee.
• Continuing duties of franchisor.
— Training of new personnel.
— Providing new information.
— Guidance in business decisions.
— Product improvement.
• Duties of franchisee.
— Maintaining standard of quality.
— Business promotion.
— Maintaining competent employees.
— Attendance at regional meetings.
— Notification of franchisor of financial difficulties.
— Maintenance of trade secrets.
— Agreement not to compete with franchisor.
• Quality control.
— Operating manual.
— Franchisor’s approval of franchisee’s employees.
— Inspection by franchisor.
— Requirements as to supplies, ingredients, and equipment.
— Antitrust problems regarding extent of controls.
• Advertising.
— Promotional advertising.
— Continuing fees for advertising.
— Advertising fund.
• Assignment or other transfer of franchise by franchisee.
— Approval by franchisor.
— Time in which franchisor must approve.
— Requirements for assignees or transferees.
• Renewal of agreement.
— Notice of intent to renew.
— Renewal fee.
• Termination.
— Definition of breach or default.
— Notice of termination.
— Refunds to franchisee on termination.
— Statutory regulation of termination.
• Arbitration of disputes or other method of alternative dispute resolution.
• Severability of contract provisions.
• Choice of law for interpretation of contract.
• Compliance with all applicable state and federal regulations prior to execution of contract.
• Effective date of agreement.
• Date of execution of agreement.
• Signatures of parties.
Westlaw. © 2019 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.
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