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Non Exclusive Franchise Agreement
"I need a Non-Exclusive Franchise Agreement for my retail clothing business expanding into Western Australia, with provisions for multiple franchisees in each major city and a requirement for all franchisees to participate in our national e-commerce platform starting March 2025."
1. Parties: Identification of the franchisor and franchisee with full legal details
2. Background: Context of the agreement, description of the franchise system, and business concept
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Grant of Franchise: Terms of the non-exclusive franchise rights, territory definition, and reserved rights
5. Term and Renewal: Initial term of the agreement and conditions for renewal
6. Fees and Payments: Initial franchise fee, ongoing royalties, marketing contributions, and payment terms
7. Franchisor Obligations: Support, training, and services provided by the franchisor
8. Franchisee Obligations: Operating standards, compliance requirements, and performance obligations
9. Operations Manual: Reference to and compliance with the operations manual
10. Intellectual Property: Use of trademarks, copyright, and other IP rights
11. Marketing and Advertising: Marketing requirements, contributions, and approval processes
12. Reports and Audits: Financial reporting requirements and audit rights
13. Insurance: Required insurance coverage and minimum limits
14. Transfer and Assignment: Conditions for transferring the franchise rights
15. Termination: Grounds for termination and processes
16. Post-Termination Obligations: Duties and restrictions after agreement ends
17. Dispute Resolution: Process for resolving disputes as per Franchising Code requirements
18. Confidentiality: Protection of confidential information and trade secrets
19. Governing Law: Applicable law and jurisdiction
1. Multi-Unit Development: Include when franchisee has rights to develop multiple units
2. Equipment and Fit-out: Include for retail or hospitality franchises requiring specific equipment or premises setup
3. Supply Arrangements: Include when specific supplier relationships or arrangements are required
4. Online Operations: Include for franchises with e-commerce components
5. Training Requirements: Include when specific ongoing training programs are mandatory
6. Territory Development: Include when minimum performance targets for territory development apply
7. Sub-Franchising Rights: Include if sub-franchising is permitted
8. Personal Guarantees: Include when personal guarantees from franchisee directors are required
1. Schedule 1 - Territory Description: Detailed description and/or maps of the franchise territory
2. Schedule 2 - Initial Fee and Ongoing Payments: Detailed breakdown of all fees, royalties, and payment structures
3. Schedule 3 - Initial Training Program: Details of required initial training and support
4. Schedule 4 - Approved Products and Services: List of authorized products/services and specifications
5. Schedule 5 - Intellectual Property: Details of licensed trademarks, copyrights, and other IP
6. Schedule 6 - Initial Equipment and Inventory: Required starting equipment and inventory specifications
7. Schedule 7 - Key Performance Indicators: Specific performance metrics and targets
8. Schedule 8 - Disclosure Document: Franchising Code of Conduct required disclosure document
9. Appendix A - Operations Manual Table of Contents: Overview of operations manual content
10. Appendix B - Standard Operating Procedures: Key operational procedures and requirements
Authors
Approved Suppliers
Business Day
Commencement Date
Confidential Information
Disclosure Document
Franchise
Franchise System
Franchise Territory
Franchised Business
Franchising Code of Conduct
Gross Sales
Initial Term
Initial Training
Intellectual Property
License Fee
Marketing Fund
Marketing Levy
Operations Manual
Premises
Renewal Term
Royalty Fee
System Standards
Trade Marks
Training Program
Transfer Fee
Working Capital
Related Bodies Corporate
Guarantors
Permitted Use
Proprietary Marks
Quality Standards
Reporting Period
Security Interest
Serious Breach
Special Conditions
Start-Up Package
Term
Territory Rights
Termination Date
Third Party Rights
Trading Hours
Minimum Performance Requirements
Accounting Period
Audit
Business Assets
Competition
Default Notice
Force Majeure Event
GST
Key Performance Indicators
Material Breach
Territory
Term and Renewal
Fees and Payments
Royalties
Training
Support Services
Operations Standards
Quality Control
Intellectual Property
Confidentiality
Non-Competition
Marketing
Advertising
Supply Requirements
Reporting Requirements
Audit Rights
Insurance
Indemnification
Default and Remedies
Termination
Post-Termination Obligations
Transfer Rights
Death or Incapacity
Dispute Resolution
Governing Law
Force Majeure
Notices
Assignment
Compliance with Laws
Record Keeping
Performance Standards
Training Requirements
Site Selection
Equipment and Inventory
Computer Systems
Customer Service
Brand Standards
Warranties and Representations
Amendments
Entire Agreement
Severability
Third Party Rights
GST and Taxation
Privacy and Data Protection
Social Media and Online Presence
Emergency Management
Business Continuity
Retail
Food and Beverage
Hospitality
Professional Services
Health and Fitness
Education and Training
Automotive
Real Estate
Home Services
Business Services
Legal
Operations
Finance
Compliance
Business Development
Brand Management
Training
Territory Management
Executive Leadership
Commercial
Franchise Development Manager
Legal Counsel
Chief Executive Officer
Chief Operating Officer
Business Development Manager
Franchise Operations Manager
Commercial Director
Compliance Officer
Chief Financial Officer
Brand Manager
Territory Manager
Training Manager
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