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Franchising Law

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Initial Training

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The training provided by the franchisor to new franchisees to help them operate their franchises according to the franchise system.

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Franchisor

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The entity or person that grants the franchisee the right to do business under their trademark or trade name.

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Franchise Term

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The length of time for which a franchise agreement is valid, after which the franchisee may need to renew the agreement to continue operation.

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Area Development Franchise

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Type of franchise arrangement where the franchisee obtains the right to open multiple units in a defined area, typically with an agreed development schedule.

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Royalties

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Ongoing payments that the franchisee is required to pay to the franchisor, usually based on a percentage of the franchisee's gross sales or fixed periodic payments.

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Operations Manual

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A guide provided by the franchisor to the franchisee detailing the required business practices, systems, and procedures to be followed in operating the franchise.

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Renewal Rights

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The franchisee's right to extend the franchise agreement after the initial term ends, often under specified conditions.

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Disclosure Document

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A document that provides prospective franchisees with information about the franchisor, the franchise system, and the franchise agreement.

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Termination

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The process through which a franchise agreement comes to an end either due to expiration, breach of contract, mutual agreement, or other circumstances outlined in the agreement.

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Exclusive Territory

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A designated geographic area in which the franchisee is given the sole right to operate and in which the franchisor agrees not to allow any other franchises or compete directly.

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Advertising Fee

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A fee paid by franchisees for collective marketing and promotion of the franchise brand which is typically managed by the franchisor.

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Transfer of Franchise

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The process where a franchisee's rights to the franchise are transferred to another party, which may be subject to franchisor's approval and terms provided within the franchise agreement.

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Product Distribution Franchise

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A type of franchise where the franchisee is licensed to sell the franchisor's products within a specified territory, often without utilizing the franchisor's trademark as extensively as in business format franchises.

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Business Format Franchise

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A comprehensive franchise model that includes not only the product, service and trademark, but also the complete method to conduct the business itself, such as marketing strategy and operations manuals.

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Franchise Fee

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An upfront cost paid by the franchisee to the franchisor, often for the rights to use the franchisor's trademarks, to receive training, and to obtain the necessary equipment to start the business.

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Master Franchise

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In this arrangement, the master franchisee is granted rights by the franchisor to sub-franchise and manage the franchising activities in a certain territory.

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Franchise

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A licensing relationship whereby the franchisor allows the franchisee to use its trademark or trade name along with certain business systems and processes to produce and market a good or service according to certain specifications.

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Franchisee

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An individual or company that is granted the franchise to conduct business under the franchisor's name and system.

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Franchise Agreement

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A legal contract between the franchisor and franchisee that outlines the terms and conditions of the franchise relationship.

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Trademark Licensing

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A part of franchise agreements where the franchisor permits the franchisee to use its trademarks, service marks, logos or other branding.

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