Franchise Agreement: Factors that you Must Evaluate and Negotiate before Buying a Franchise

  • When purchasing an existing franchise or the rights to establish a new franchised location, the “franchise agreement” will serve as the primary agreement between you (as a franchisee) and the franchisor. The franchise agreement (along with your lease agreement for your business location) will serve as one of the primary agreements that will govern and define your legal rights and obligations in and to the franchised business that you may be purchasing or establishing. The terms of your potential franchise agreement are negotiable and should be reviewed and evaluated by an experienced franchise lawyer. Just some of the numerous legal rights that must be evaluated in your proposed franchise agreement, include:
  • - The continuing “royalty” that you will be required to pay the franchisor;
    - The method for calculating your royalty obligation;
    - Whether or not you will be required to regularly contribute to a national or regional marketing fund;
    - The proprietary products and/or services that you will be required to purchase from the franchisor or the franchisor’s designated suppliers and vendors;
    - Your rights, if any, to a “protected territory”;
    - Your rights respecting the future transfer and sale of your franchise;
    - Your obligations upon termination of your franchise agreement; and
    - Your obligations respecting confidentiality and non-competition upon termination of your franchise agreement.




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IMPORTANT DISCLAIMER: The information contained on this website is provided for general educational purposes only, should not be relied on as legal advice and does not serve to create an attorney client relationship. In utilizing this website you acknowledge that there is no attorney client relationship between you and Charles N. Internicola, Esq. and that the information contained on this site does not and cannot serve as a replacement for the competent legal advice of a licensed attorney in your state. Further you acknowledge that any and all citations to cases and statutes must be independently verified by competent legal counsel to be current and to be accurate. The content of this website is subject to the Copyright of its author and owner, Charles N. Internicola, Esq.

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