Full Description
The key document in establishing a franchise relationship is the franchise agreement. It is the core and foundation of the franchise relationship where the franchisor grants the franchisee a time-limited right to use the franchisor's system and trademarks to conduct business. There is no one-size-fits-all template because a well-drafted franchise agreement is the product of careful analysis of many considerations
Drawn from the authors' years of practice in negotiating and drafting these agreements, The Annotated Franchise Agreement demonstrates that every provision in an agreement has a meaning and purpose. These provisions need to consider many factors, including the size and maturity of the franchise system, the nature of the goods or services provided to the franchisee's clients, the franchise's culture, and the regulatory environment. This book explains how to draft an agreement with both precision and care, involving clear and concise language, follow a logical structure, and be easy for anyone reviewing the agreement to understand and see the "big picture" of the franchise relationship. Among the topics covered in this book are:
Introductory terms, grant, territory, and reservation of rights
Fees, initial terms, and renewal
Training, site selection, construction, and opening
Operation of the business
Operating manual, advertising, trademarks, and other intellectual property
Accounting, records, reports, audits, inspections, insurance, and restrictive covenants
Transfer, assignment, death or incapacity of the franchisee
Termination and default
Dispute resolution
Other common provisions
The Annotated Franchise Agreement provides an essential resource for attorneys focused on franchise law, but serves as an equally useful resource for business attorneys who are relatively new to analyzing and drafting these agreements.
