This is a recommended and comprehensive set of documents that allows anyone contemplating commencing a franchise operation as a franchisor to develop all of the relevant documents. The documents are prepared in simple English and include all necessary authorities information memoranda, disclosure statements, policy documents and all other documents necessary or required by law.
Sample
"A. The Franchisor attaches goodwill to the Franchisor Business.
B. The Franchisor and the Company have expended considerable time, effort and money to develop the Franchise System.
C. The Company is the owner of the Names and Marks and the Franchise System and pursuant to the Licence Agreement, the Franchisor is entitled to grant rights to other persons to use the Names and Marks and the Franchise System.
D. The Franchisee has requested that the Franchisor grant to the Franchisee a non-exclusive Franchise to operate an Outlet at the Agreed Site, within a Territory by the Agreed Name and by making non-exclusive use of the Franchise System and the Franchisor has agreed to this request upon terms set out in this Agreement.
E. The Franchisee, in operating the Outlet, requires training by and assistance from the Franchisor.
F. The Guarantors have agreed to guarantee to the Franchisor the performance and observance of this Agreement.
1. THE FRANCHISEE MUST:
1.1 Pay:
* the Initial Fee, the Franchisee Fee, the Special Purpose Levy (as adapted from time to time) and the Corporate Development Levy;
* all accounts as and when they fall due and all of the debts incurred by or for the Franchisee relating to the Franchised Business;
* interest calculated at the rate equivalent to the rate then prescribed under the Penalty Interest Rates Act 1983 of the State of Victoria on any sum outstanding from date due for payment until and including the date of actual payment;
* Franchisor's costs of this Agreement including costs of preparation and execution, all stamp duty, and other expenses and any costs or expenses incurred by the Franchisor in exercising or enforcing any of the Franchisor's powers, rights or remedies under this Agreement or otherwise arising from a breach of this Agreement by the Franchisee;
* the costs of training, social functions, breakfast and other meetings, seminars and conferences as the Franchisor determines in proportion to the number of people from the Group attending or on such other basis as the Franchisor may determine;
* any tax, duty, levy, or charge in the nature of a goods and services tax or like impost assessed or imposed in respect of any product or service supplied by the Franchisor under this Agreement;
* all amounts due pursuant to this Agreement , without demand, deduction or set-off on the relevant due dates for payment, time being of the essence;
* all costs, charges and expenses in the " ## Magazine" in such proportion as the Franchisor determines, having regard to the material submitted by the Franchisee and other franchisees for inclusion in the ## Magazine; and
* forthwith upon demand and by way of an agreed assessment of damages, the amount from time to time specified in the Franchise Manuals if the exclusivity of the territory of another franchisee is breached by the Franchisee;"
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Franchise agreement (complete set to start a franchise)- COMM 53
