The Annotated Franchise Agreement

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. 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. Drawn from the authors’ years of practice in negotiating and drafting these agreements, this compendium demonstrates that every provision in an agreement has a meaning and purpose. It explains how to draft an agreement with both precision and care. The agreement should employ 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 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