Since a franchise agreement must reflect the uniqueness of each franchise offer and explain the dynamics of the proposed franchise relationship, copying the agreement from another franchise system is probably the biggest mistake a new franchisor can make. Each franchisee chooses its own location. However, the franchisor generally has the right to authorize the site. Every business needs some kind of insurance for small businesses. The franchise agreement should contain a section explaining the amount of operating insurance that the franchisee must provide for its franchise. In addition, the franchisor should be referred to as „additional insured“ in the franchisee`s policy. In the United States, a business becomes a franchise- In accordance with the FTC franchise rule, three general requirements apply for a franchise agreement to be considered official: if the business is a restaurant or retail building where consumers are visiting, franchisees have important obligations to keep the premises in good repair at their own expense. The franchisor generally reserves the right to inspect the premises to ensure that they are well maintained. Similarly, the agreement will often include Franchisors` obligations with respect to approved devices/products/suppliers, advertising/marketing, support and support, customer requests, etc. A franchise agreement must be covered by the franchisor`s disclosure document. This backgrounder provides more details on franchisee`s business and other obligations. The franchise agreement must look at certain basic elements, of which, but not limited to: one of a company`s most valuable assets is its trademark and intellectual property.
Intellectual property includes logos, trademarks and other branded materials. The franchise agreement is intended to help you protect your intellectual property. Before a franchisee signs a contract, the U.S. Federal Trade Commission regulates the disclosure of information under the control of the franchise rule.  The franchise rule requires that a Disclosure Document (FDD) franchise be made available to a franchisee (originally a uniform offer circular (UFOC) franchise prior to the signing of a franchise agreement, at least fourteen days before signing a franchise agreement.  The futures section regulates non-competition while the franchisee operates under your franchise agreement. The additional time determines what happens when a franchisee no longer owns the franchise. The non-competition clause should include a geographical restriction. The agreement specifies whether the franchisee enjoys protected or exclusive territory.
As a franchisor, you lend your brand to your franchisee. This is a great risk if you do not protect yourself properly and your brand. That`s why it`s important to set rules on the shape and sound of your brand, when you should use protected intellectual property, what advertising can be done and what the franchisee needs to know about using your brand.