Franchise Agreement
A franchise agreement is a legal contract between a franchisor (the owner of a business system) and a franchisee (the person or entity seeking to use the franchisor's business system). The agreement outlines the terms and conditions under which the franchisee can operate the franchisor's business model and use its trademarks, products, and services.
Here is the process and required documents for a franchise agreement:
Process:
- Research potential franchisors: The first step in the process is to research potential franchisors and evaluate their business models, financial health, and legal requirements.
- Contact the franchisor: Once you have identified a potential franchisor, you should contact them and request information on their franchise program.
- Review the franchise disclosure document: The franchisor is required to provide you with a franchise disclosure document (FDD) at least 14 days before you sign the franchise agreement. This document contains important information about the franchisor's business model, financial performance, and legal obligations.
- Hire a franchise attorney: It is highly recommended that you hire a franchise attorney to review the franchise agreement and provide legal advice.
- Negotiate the terms: Once you have reviewed the franchise agreement with your attorney, you can negotiate any terms that you are uncomfortable with.
- Sign the agreement: Once you and the franchisor have agreed to the terms, you can sign the franchise agreement and pay the franchise fee.
- Obtain necessary licenses and permits: You may need to obtain certain licenses and permits before you can operate the franchise.
Required Documents:
- Franchise application: This document provides the franchisor with information about you and your business experience.
- Franchise disclosure document: As mentioned earlier, the franchisor is required to provide you with this document at least 14 days before you sign the franchise agreement.
- Franchise agreement: This document outlines the terms and conditions of the franchise relationship.
- Operations manual: This manual provides detailed instructions on how to operate the franchise.
- Financial statements: You may be required to provide the franchisor with financial statements to demonstrate your ability to operate the franchise.
- Business plan: The franchisor may require you to submit a business plan outlining how you plan to operate the franchise.
- Personal guarantee: You may be required to provide a personal guarantee to secure the franchise agreement.
The fees for a franchise agreement vary depending on the franchisor and the business model. The franchise fee is typically a one-time payment that ranges from a few thousand dollars to hundreds of thousands of dollars. Additionally, you will be required to pay ongoing royalties and advertising fees. These fees are typically a percentage of your gross revenue and are paid on a monthly or quarterly basis.