Franchise Documents. Home

Similar documents
Expanding Your Business Through Franchising What Steps You Need to Take to Successfully Franchise Your Business. By Robert J.

CONTENTS 1.1 Information Needed 1.2 Other Considerations 1.3 Specific Businesses 1.4 Franchises

FRANCHISE LAW WHAT THE GENERAL PRACTITIONER NEEDS TO KNOW

HealthSource Chiropractic and Progressive Rehab FDD / UFOC

INDEPENDENT CONTRACTOR AGREEMENT

For Use of Source Code Developed By The Florida Department of Transportation

DESIGN SERVICES AGREEMENT

Contract Provisions. 1. Party Names: Is each party clearly identified by official legal name? department, center or program name.

Attachment F State Agencies

COPYRIGHT LICENSE AGREEMENT

JJ RIBA & COMPANY. Franchising - Things you Should Know S TRENGTH T HROUGH KNOWLEDGE COMMERCIAL LAWYERS

AGENT / AGENCY AGREEMENT

Bringing a Franchise Brand to the U.S.

GOODS AND SERVICES AGREEMENT BETWEEN SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY AND COMPANY/CONTRACTOR NAME

Avoiding Common Franchising Pitfalls for Franchisees

QUESTIONS TO ASK IN THE DEVELOPMENT OF A SOFTWARE LICENSE

INTEL SOFTWARE LICENSE AGREEMENT (OEM / IHV / ISV Distribution & Single User)

TEXAS ASSOCIATION OF REALTORS INDEPENDENT CONTRACTOR AGREEMENT FOR SALES ASSOCIATE. Robyn Jones Homes, LLC

DISCLOSURE DOCUMENT STATUTORY NOTICES

THE FOLLOWING ARE INSTRUCTIONS FROM THE FRONT SIDE OF SEAGATE PURCHASE ORDERS:

Cayo Software Reseller Agreement

PLEASE NOTE. For more information concerning the history of these regulations, please see the Table of Regulations.

This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity)

LEAD AGENT REFERRAL (LAR) INDEPENDENT CONTRACTOR AGREEMENT

Appendix D LOGO USE AGREEMENT BETWEEN THE BIODEGRADABLE PRODUCTS INSTITUTE AND PROGRAM LICENSEE

1.1 Certain software, known as SOFTWARE, was developed at STANFORD with grant support from the U.S. Government.

PURCHASE ORDER TERMS AND CONDITIONS

XANGATI END USER SOFTWARE LICENSE TERMS AND CONDITIONS

PERFORCE End User License Agreement for Open Source Software Development

CPA DUE DILIGENCE CHECKLIST FOR THE SALE AND ACQUISITION OF A BUSINESS

Independent Contractor Agreement Computer Software Engineer

Collaboration Agreement

Non-Proprietary User Agreement No. NPUSR00xxxx SAMPLE BETWEEN

CO-MARKETING AGREEMENT

SOFTWARE ESCROW AGREEMENT. ( Effective Date ), this Software Escrow Agreement ( Agreement ) is

Trade Practices (Industry Codes Franchising) Regulations 1998

COMPLIANCE WITH LAWS, CODES, AND STANDARDS

Insurance Market Solutions Group, LLC Sub-Producer Agreement

PROFESSIONAL/CONSULTING SERVICES AGREEMENT

Bank Independent Bank to Bank Transfer Addendum (Consumers Only)

Agreement. Whereas, ThinkGeek is interested in creating products based on the Idea.

[Contractor] and. [European Space Agency] ESA Intellectual Property Licence for the Agency s Own Requirements

Model disclosure document for franchisee or prospective franchisee

SELLING TERMS AND CONDITIONS

THE FOLLOWING ARE INSTRUCTIONS FROM THE FRONT SIDE OF SEAGATE PURCHASE ORDERS:

AGREEMENT. WHEREAS, Oakwood s website (the Oakwood Site ) is located at

SAMPLE SOFTWARE LICENSE AGREEMENT (Review Copy)

Franchise dictionary. Advertising fees. Alternative dispute resolution. Arbitration

E-Commerce Agreement. Form 16.1 Copyright LegalDocs Online, Inc. All Rights Reserved.

Merchant Gateway Services Agreement

DISTRIBUTOR AGREEMENT

COLLABORATION AGREEMENT

...,,-... ~ _.-_._-- LlIU T I IIV\C '-1 I 1\1 C ;::, ;::,

INDEPENDENT CONTRACTOR AGREEMENT

COMPUTER SOFTWARE AS A SERVICE LICENSE AGREEMENT

AGREEMENT FOR ADVERTISEMENT, MARKETING, SOCIAL MEDIA, PUBLIC RELATIONS AND DESIGN

ACL Training and Consulting Services Terms

Trademark, Domain Name and Social Media Assignment and Transfer Agreement

January 8, FTC Rule Review Comparison of UFOC and Proposed FTC Disclosure Requirements

California Solar Initiative (CSI) Program 2007 Reservation Request Form and Program Contract [follows the second page Reservation Request form]

Statement of Work. for. Online Event Registration Product Deployment for Salesforce Implementation. for. Open Web Application Security Project (OWASP)

Agreement for Services

Letter of Intent for Acquisition Purchase of Stock of the Business for a Combination of Cash and Purchaser s Stock (Pro-Buyer Oriented)

WellDyneRxWEST Customer (TPA, Broker, Consultant, Group Health Plan, and other).

Chapter summary ch 5 legal aspects of business (business structures and relationships)

Bank Independent Online Financial Management Addendum

purchased and is using the Products including the online classroom ("Customer" or "You") and the individuals accessing the Products ("End Users").

Incorporating Strategic Thinking Into Your Franchise Agreement

INDEPENDENT CONTRACTOR AGREEMENT (Between Broker and Licensee)

SalesPro CRM SUBSCRIPTION AGREEMENT & TERMS USE

The Franchise Filing States are the states that have adopted these NASAA Guidelines.

Infinedi HIPAA Business Associate Agreement RECITALS SAMPLE

Terms of Use. Please read these terms and conditions before using this Site. By continuing to use this Site, you agree to the Terms of Use.

MCC TERMS AND CONITIONS

THE SOFTWARE MAY NOT BE SOLD, TRANSFERRED, OR FURTHER DISTRIBUTED EXCEPT AS AUTHORIZED BY LICENSOR.

A Guide To Conducting IP Due Diligence In M&A

THE PHONE RINGS FROM DOWN SOUTH: WHAT ISSUES SHOULD I CONSIDER FOR EXPANDING MY U.S. FRANCHISE INTO CANADA?

FRANCHISE RULE 16 C.F.R. Part 436 COMPLIANCE GUIDE

ADAMANTINE YOGA CERTIFIED TEACHER AGREEMENT

Paychex Accounting Online Terms of Use

INDEPENDENT CONTRACTOR AGREEMENT

Lenders Axis LLC Working Capital Sales Agent Agreement Lenders Axis Sales Agent Agreement V 2.0

PROPERTY MANAGEMENT AGREEMENT

Ketch Publishing Standard Book Publishing Fee: $595 50% Ketch Publishing 4675 N. Benton Dr. Bloomington, IN (812)

FRANCHISE DISCLOSURE DOCUMENT

Terms and Conditions for Visma Solutions ISV Partner Programs and usage of API of Netvisor, Severa, Maventa and Navita solutions

VIRTUAL OFFICE WEBSITE LICENSE AGREEMENT

END USER LICENSE AGREEMENT (Johanson Transportation Service)

Underwriting Solutions of America BROKER SALES & MARKETING AGREEMENT

CONSULTING SERVICES AGREEMENT

Licensee Application for. Texas Southern University

Canon USA, Inc. WEBVIEW LIVESCOPE SOFTWARE DEVELOPMENT KIT DEVELOPER LICENSE AGREEMENT

C-DAC Medical Informatics Software Development Kit End User License Agreement

RockWare Click-Wrap Software License Agreement ( License )

Payroll Services Agreement

TECHNOLOGY INSURANCE APPLICATION & SUPPLEMENTS (Claims First Made & Reported Basis)

Advanced AMC, Inc. Appraiser Services Agreement (Independent Contractor Agreement)

ADMINISTRATIVE PROCEEDING BEFORE THE SECURITIES COMMISSIONER OF MARYLAND * * * * * * * * * * * * * CONSENT ORDER

"Certification Authority" means an entity which issues Certificates and performs all of the functions associated with issuing such Certificates.

BUYING AND SELLING THE SMALL(ER) BUSINESS UCLA Extension Campus 261 S. Figueroa Street Los Angeles, California. November 18, 2011

Transcription:

Franchise Documents Home Following are sample table of contents for a Franchise Disclosure Document (FDD), Franchise Agreement, and Operating- Marketing Manual: Franchise Disclosure Document Item 1. Item 2. Item 3. Item 4. Item 5. Item 6. Item 7. Item 8. Item 9. Item 10. Item 11. Item 12. Item 13. Item 14. Item 15. Item 16. Item 17. Item 18. Item 19. Item 20. Item 21. Item 22. Item 23. The Franchisor, and Any Parents, Predecessors and Affiliates.. Business Experience.. Litigation... Bankruptcy... Initial Fees. Other Fees Estimated Initial Investment... Restrictions on Sources of Products and Services Franchisee s Obligations Financing.. Franchisor s Assistance, Advertising, Computer Systems and Training Territory. Trademarks... Patents, Copyrights and Proprietary Information Obligation to Participate in the Operation of the Franchised Business.. Restrictions on What the Franchisee May Sell... Renewal, Termination, Transfer and Dispute Resolution. Public Figures... Financial Performance Representations.. Outlets and Franchisee Information. Financial Statements.. Contracts... Receipt... Page Attachments: A. Financial Statements.. A-1 B. Franchise Agreement... B-1 C. List of Current and Former C-1 Franchisees.. D. Manual Table of Contents.. D-1 E. Our Agent for Service of Process. E-1 F. State Agencies. F-1 G. State Law Addendum. G-1

H. Franchise Application. H-1 Franchise Agreement Article 1 License and System. Page 1.01 Grant of License 1.02 Location and Territory.. 1.03 Licensed Business 1.04 System and Marks 1.05 Manual Article 2 Franchise Fees and Advertising. 2.01 Initial Fee 2.02 Royalties. 2.03 Franchisor Marketing Fee... 2.04 Management Assistance. 2.05 Gross Revenues... 2.06 Local and Cooperative Marketing.. Article 3 Reports and Audits... 3.01 Records and Reports... 3.02 Failure to Report... 3.03 Audits and Inspections. 3.04 Contact with Others.. Article 4 Training.. 4.01 Initial Training 4.02 Manager Training. 4.03 Employee Training 4.04 Subsequent Training 4.05 Training Materials. 4.06 No Warranty of Success.. Article 5 Trade Secrets and Confidentiality.. Article 6 Pre-Opening Obligations. 6.01 Premises. 6.02 Specifications. 6.03 Required Equipment. 6.04 Required Training.

Article 7 Operation of Licensed Business. 7.01 Independent Contractor... 7.02 Personal Participation.. 7.03 Retail Prices... 7.04 Compliance with Laws. 7.05 Franchisee Business Operation. 7.06 Restrictions on Sources of Products and Services. 7.07 Minimum Office Hours.. 7.08 Computer System. 7.09 Communications Equipment and Systems... 7.10 Equipment Maintenance.. 7.11 Warranties.. 7.12 No Pirating of Personnel.. 7.13 Marketing 7.14 Leads and Service Area.. 7.15 New Developments.. 7.16 Staffing Requirements.. Article 8 Indemnity and Insurance. 8.01 Indemnity 8.02 Insurance Article 9 Renewal.. 9.01 Conditions of Renewal. Article 10 Continuation. Article 11 Entity Franchise.. 11.01 Entity Definition. 11.02 Founding Documentation Restriction 11.03 Liability of Owner(s).. 11.04 Restriction on Certificates of Ownership... 11.05 Additional Requirements of Entity Franchise... Article 12 Assignment or Transfer. 12.01 Prior Consent. 12.02 Conditions of Assignment 12.03 Assignment to an Entity... 12.04 Approval Process.. 12.05 Transfer by Franchisor. 12.06 No Sublicensing

Article 13 Death or Incapacity. 13.01 Alternatives Upon Death or Incapacity.. 13.02 Effect of Failure to Comply.. 13.03 Incapacity Defined Article 14 Successors and Assigns Article 15 Termination.. Article 16 Competition with Franchisor. 16.01 Competing Business Activities During Term 16.02 Competing Business Activities After Term Article 17 Effect of Termination.. 17.01 Loss of Rights 17.02 Change of Identity. 17.03 Changeover Procedure 17.04 Continuing Royalties. 17.05 Option to Purchase Certain Assets 17.06 Payment and Terms. 17.07 Survival of Terms.. Article 18 Release from Franchisee Obligations. 18.01 Release from Continuing Obligations Article 19 Arbitration of Disputes 19.01 Agreement to Arbitrate. 19.02 Conduct of Arbitration.. 19.03 Conditions Precedent to Arbitration... 19.04 Limited Exceptions to Arbitration and Mediation. Article 20 Representations of Franchisee. 20.01 Representations Article 21 Miscellaneous Provisions.. 21.01 Nonwaiver... 21.02 Attorneys Fees.. 21.03 Severability.

21.04 Warranty of Authority 21.05 Estoppel Certificate... 21.06 Paragraph Headings. 21.07 Recitals 21.08 No Third Party Beneficiary... 21.09 Choice of Law 21.10 Notices 21.11 Entire Agreement.. 21.12 Modification 21.13 Effective Date. 21.14 Time of Essence Article 22 Business Risk.. 22.01 No Promises... 22.02 Receipt for Disclosure Document... Exhibits Location of Licensed Business.. Territory.. Required Equipment Items Subject to Specifications.. Personal Guarantee. Trade Secrets and Confidentiality Agreement. Mutual Termination of Franchise Agreement and Release... Consent, Waiver and Release for Training.. Release from Continuing Obligations Confidentiality Agreement Additional Information

Operating Manual Chapter 1: Introduction... Page How to Use This Manual. Confidential Disclosure Agreements. Chapter 2: Welcome to ABC Services. History of ABC Services.. The ABC Service Management Team.. Legal Advisory and Franchisor s Management Support ABC Service Mission Principles and Promises... Chapter 3: Support Resources. Franchise Support Matrix Franchise Corporate Officers. Chapter 4: Franchisee Training Requirements.. ABC Services Pre-Opening Timetable. Week One.. Week Two.. Week Three... Week Four. Week Five.. Week Six Week Seven.. Chapter 5: Franchisee Training Requirements.. ABC Services Orientation Training Chapter 6: Staffing Your Services Franchise. Staffing your ABC Services Franchise.. Position Descriptions with Profiles. Chapter 7: Office Policies.. Setting Up Your Office. Quality Standards of Service..

Service and Courtesy to Clients. Handling Typical Complaints and Problems Employee Appearance and Hygiene. Computer Usage.. Chapter 8: Office Operation and Maintenance Opening Procedures Closing Procedures.. Miscellaneous Franchise Duties and Responsibilities Office Administration Major Activities Listing... Administrative Management Checklist.. Alarms, Locks and Keys.. Chapter 9: Office Equipment, Computer System, Inventory, and Supplies... Office Equipment.. Approved Vendors Chapter 10: Administration Record Keeping Accounting Services Collections and Accounts Receivable Management.. Chapter 11: Reports, Audits and Inspections. Franchise Reports Failure to Report... Audits and Inspections Contact with Others. Chapter 12: Marketing FCS Field Collection Services Franchisee Marketing Requirements.. Target Marketing with Selected Media. Executing Your Marketing Plan.. Chapter 13: Sales Introduction. Phone Selling. Referrals. Chapter 14: Insurance Requirements and Risk Management.

General Insurance Coverage.. Risk Management. Managing Risk at the Franchise Location or Job Site. Franchise Site Security Reporting Incidents... Chapter 15: Corporate Structure... Setting Up Your Entity.. Legal Business Structures... Types of Structures.. Setting Up the New Corporation. Financing Arrangements.. Financing Alternatives.. Chapter 16: Trademarks and Trade Secrets Protection Policies. Patents, Copyrights, and Proprietary Information Trademark Usage and Guidelines. Examples of Trademark Misuse. Chapter 17: Field Operations Safety in the Field. Outline of the Field Chase Process Chapter 18: Resale, Transfer, Renewal and Closing. Conditions of Renewal. Continuation... Assignment or Transfer Termination. Chapter 19: Expansion and Relocation Requirements.. Franchise Expansion, New Territory, Resale Purchase or Territory Expansion. MICHAEL T. CHULAK & ASSOCIATES A LAW CORPORATION Corporate Office 30343 Canwood Street, Suite 203 (818) 991-9019

Agoura Hills, CA 91301 (800) 565-2232 Regional Office 1055 E. Colorado Blvd., 5 th Floor (626) 227-7100 Pasadena, CA 91106 (888) 989-3330 Satellite Offices Santa Clarita Valley Ontario Orange County Los Angeles Santa Barbara By Appointment