آخر تحديث - 18 ديسمبر 2020
“A franchisor can call itself a membership or a license, but if those three conditions are met, you enter into a franchise agreement,” Goldman said, noting that some franchise agreements may attempt to disguise themselves as licensing agreements. “A licensing agreement gives you permission to use the name and logo, and that`s it – you don`t get the marketing help or the type of transactions you`d get from a franchise.” Now, more info on what you`ll find in the pages of the franchise agreement. Here are 10 basic provisions that are outlined in one way or another in any franchise agreement: The terms of the franchise agreements generally fall into one of three categories: “Unless you are the first or second person who ever has a particular franchise business, the fees are quite set in stone,” Goldman said. There is no standard deductible. Franchise agreements differ in style, content and language. Their conditions vary depending on the working methods involved in their specific sector. As franchisors and their lawyers write these documents, the terms of most agreements favour the franchisor and their right to retain control of your business. Signing a franchise agreement strengthens your relationship with a franchisor and gives you the green light to move forward with your new business. Understanding the terms and conditions can help ensure your success and satisfaction with this important decision. Franchisees may not prematurely terminate a franchise agreement, but may transfer or sell their shares to another party who would like to honour the rest of the contract.
Definitions should include trademarks, copyright, clothing, know-how, trade secrets and other intellectual property rights. It should also contain a description of the franchise activity. Since the franchisor allows the franchisee to use its intellectual property, the definitions should also specify the intellectual property used in which area and for which period. Goldman warned that fees are rarely, if ever, discussed, especially with established franchises. Whether it`s a restaurant, a DIY store or a hair salon, opening a franchise of an existing business cuts off much of the foundation needed to successfully launch a new business. In exchange for a tax, you have the right to use selected trademarks from an already known entity, which greatly reduces your efforts to increase brand awareness. You will also receive marketing materials, an operating manual or both, which will provide you with formulas and processes that have already proven their worth in the marketplace. The agreement often requires that anyone involved in the business be trained by the franchisor before they can start working, and again, it will come at a price for you, but is quite the norm. Unfortunately, many of the aforementioned provisions in the franchises and franchises that affect the Competition Commission are essential and very often for the reasons for the success of the franchises. However, the government has recognized that franchising is a viable way to strengthen its development of small and medium-sized enterprises in South Africa, and a new act of franchising has been developed to introduce some regulation for the franchising industry. FASA has made substantial recommendations that are not very different from EAS`s approach and practices for many years, as it is an ethical candour and protection of the interests of both parties from the perspective of a sustainable win-win situation associated with the evolution of franchising in general.
Do not speculate on conditions that appear vague in a franchise agreement. You could increase your financial risk by misinterpreting important details.