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Obligations of franchisor and franchisee |
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A standard U.F.O.C. (Uniform Franchise Offering Circular) Franchise Agreement will cover: 1. The franchisor's obligation to you as the franchisee; and 2. Promises, that you, as the franchisee, are required to make to the franchisor. In a standard agreement, the franchisor's obligations to you as the franchisee are to: - Provide you with an exclusive arrangement to market a product or service in a particular way in a particular territory.
- Define in detail the goods or services to be provided to you and on what terms they will be provided.
- Provide you with a management system.
- Supply you with other assistance (such as advertising and promotion).
- Specify other services which are to be provided to you, such as group discounts and centralized buying.
- Provide you with training.
- Spell out any specific provisions relating to trademarks and logos.
- In a standard agreement, the franchisor will seek to bind you as the franchisee, to a set of promises that ensure you will:
- Operate the business to your best endeavors.
- Adopt the culture of the franchise.
Protect the franchisor's goodwill by achieving a minimum standard of performance (with the understanding that the franchiser is entitled to terminate the Franchise Agreement if you fail to perform to the standard). - Follow certain accounting procedures.
- Make available records to the franchiser.
- You should also be aware that the franchisor would seek to:
- Restrict your right to sell, re-assign or abandon the franchise outlet.
- Limit your use or application of confidential material regarding the franchise.
- Restrict your capacity to enter into competition with the franchiser.
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