UBC Law Review

UBC Law Review

& Franchise Law Review

Basics of the Franchising Business

Before getting into the business of franchising and signing any kind of agreement, you must know the franchising agreement definitions for your own protection. Actually, a franchising agreement is a bond or a deal between the franchisor and the franchisee that has some terms and conditions to run the business in a specific manner. Basically, it is a legal contract between two parties.

The purpose of a franchise agreement is to protect the rights of both the franchisor and the franchisee and to outline both party’s legal obligations. In the agreement, the franchisor can demand the franchisee pay a certain franchise fee or outline any other terms about the business, such as terms and conditions for using their brand name. On the other hand, it also serves the franchisee by outlining the support of the franchisor for marketing or any financial aid. Therefore, it is better to go through the franchising agreement definitions to have a basic idea of what they mean.

Individuals might not know that, by law, there is a certain time limit for such agreements. According to the law, the franchisor is supposed to send a copy of the agreement to the franchisee at least 5 days before signing it so that the franchisee can read the terms and conditions and have the opportunity to negotiate specific points.

In such agreements, usually, the franchisor states the fee for using their brand name, along with the fundamentals of the business, such as the quality of the brand name, advertisement, marketing, or the location of the business. The franchisor may also outline the type of support the franchisee can expect in  areas such as marketing and training.

Franchising agreements may vary from one to another depending on the industry because different kinds of businesses have different terms and conditions, and no specific agreement can fit all businesses, so each franchise must have its own agreement.

When signing any agreement, one thing should be kept in mind, and that is that usually, these agreements are created by the franchisors so they are more in favor of them. Potential franchisees must read the agreement in the 5 day time period and consider all the points with their legal advisors before signing it. By reading the franchise agreement definitions, you will become familiar with many important and useful points about this business and this may help you to run a successful business in the future.