As the name suggests, franchisors will meet the franchisee`s specific quality control requirements. This is a strong and necessary franchise to ensure that goods and services throughout the system meet the minimum requirements of the franchisor. „If you enter into a franchise agreement prematurely, you can be hit with liquidated damages, which is usually a two- to three-year royalty, and there will be a verdict that will require you to pay it back,“ Goldman said. All franchise agreements contain some recitation of franchise breaches, which are treated as an offence. These offences can be subdivided into offences resulting in the immediate termination of the franchise agreement for which no cure is granted and in the event of an offence for which healing is foreseen. According to Goldman, franchise agreements are typically concluded for several years. They typically last between five and twenty-five years, 10 years being the average length of a franchise agreement. Agreements often provide for conditions for extension. Some states, including New Jersey and Wisconsin, recognize indeterminate franchise agreements. These are franchise agreements that are renewed every 10 years, sometimes automatically, for an indefinite period.
An experienced franchise lawyer can explain the important provisions of the franchise agreement. A franchise lawyer may also be able to highlight unusually harsh or one-sided provisions that are not common in the industry. An experienced lawyer will understand what they need to pay attention to in the franchise disclosure document and will be able to identify the red flags. In addition, common law counsel and state laws that protect franchisees may know. If you know important points before you sign, you can`t make a major mistake. Several states have also passed franchise laws, and definitions may contain certain relationships that do not comply with the FTC franchise rule. The „Grant“ section informs franchisees that the franchisor grants them the limited, non-transferable and non-exclusive right to use the marks, logos, service marks (usually called trademarks) and the franchisor`s operating system (often referred to as the system) for the period set by the franchise agreement.