Dealer Franchise Agreement Template for Germany

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Key Requirements PROMPT example:

Dealer Franchise Agreement

"I need a Dealer Franchise Agreement for our premium automotive parts business expanding into Northern Germany, with particular emphasis on quality control standards and after-sales service requirements, to be implemented by March 2025."

Document background
The Dealer Franchise Agreement is a crucial document used when a business wants to expand its distribution network through authorized dealers while maintaining control over brand representation and product distribution. This agreement, governed by German law, establishes the framework for a long-term business relationship between the franchisor (brand owner) and the dealer. It is particularly important in industries where product quality, customer service, and brand reputation are paramount. The document addresses key aspects required under German commercial law and EU regulations, including territory rights, performance standards, training requirements, and compliance obligations. The agreement balances the franchisor's need to maintain brand consistency and quality standards with the dealer's need for operational autonomy and business viability. It typically includes comprehensive operational guidelines, financial terms, and reporting requirements, making it essential for businesses establishing or expanding their dealer networks in Germany.
Suggested Sections

1. Parties: Identification of the franchisor and dealer, including full legal names and registered addresses

2. Background: Context of the agreement, description of the franchisor's business and brand, and purpose of the dealership arrangement

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation

4. Grant of Dealership: Scope of rights granted, territory definition, and exclusivity provisions if applicable

5. Term and Renewal: Initial term of the agreement and conditions for renewal

6. Dealer Obligations: Core obligations including sales targets, service standards, and compliance requirements

7. Franchisor Obligations: Support, training, and other services to be provided by the franchisor

8. Products and Pricing: Products covered, pricing policies, and ordering procedures

9. Quality Standards: Required quality standards, monitoring, and inspection rights

10. Intellectual Property: Use of trademarks, trade names, and other IP rights

11. Financial Terms: Payment terms, fees, royalties, and financial reporting requirements

12. Records and Reporting: Required records, reporting obligations, and audit rights

13. Termination: Termination rights, grounds for termination, and termination procedures

14. Post-Termination: Obligations and restrictions following termination

15. Confidentiality: Protection of confidential information and trade secrets

16. Governing Law and Jurisdiction: Confirmation of German law governance and jurisdiction for disputes

Optional Sections

1. Premises Requirements: Used when specific requirements for dealer premises need to be stipulated

2. Data Protection: Detailed GDPR compliance requirements when significant customer data processing is involved

3. Insurance: Specific insurance requirements beyond standard coverage

4. Marketing and Advertising: Detailed marketing requirements and restrictions when specific brand guidelines exist

5. Training Requirements: Detailed training obligations when specific certifications or qualifications are required

6. After-Sales Service: Specific after-sales service requirements for products requiring ongoing maintenance

7. Non-Compete: Non-competition provisions where permissible under German law

8. Assignment and Sub-Contracting: Rights and restrictions regarding transfer of rights or sub-contracting

9. Force Majeure: Specific force majeure provisions beyond standard requirements

10. Compliance with Automotive Regulations: Specific compliance requirements for automotive sector dealers

Suggested Schedules

1. Territory Description: Detailed description of the authorized territory including maps and boundaries

2. Products and Price List: Complete list of authorized products and pricing structure

3. Performance Targets: Detailed sales targets and performance metrics

4. Operating Manual: Detailed operational procedures and requirements

5. Brand Guidelines: Specific requirements for brand usage and presentation

6. Quality Standards Manual: Detailed quality control procedures and standards

7. Training Program: Details of required initial and ongoing training

8. Technical Specifications: Technical requirements for facilities, equipment, and systems

9. Approved Suppliers List: List of approved suppliers for products and services

10. Reporting Forms: Standard forms for required regular reporting

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Automotive

Industrial Equipment

Consumer Electronics

Agricultural Machinery

Construction Equipment

Home Appliances

Recreational Vehicles

Marine Equipment

Medical Equipment

Sports Equipment

Relevant Teams

Legal

Commercial

Operations

Sales

Compliance

Finance

Business Development

Quality Assurance

Brand Management

Network Development

Training and Development

Relevant Roles

Legal Counsel

Commercial Director

Business Development Manager

Operations Director

Sales Director

Compliance Officer

Brand Manager

Territory Manager

Franchise Manager

Chief Executive Officer

Chief Financial Officer

Contract Manager

Network Development Manager

Quality Assurance Manager

Training Manager

Industries
German Civil Code (Bürgerliches Gesetzbuch - BGB): Fundamental law governing contractual relationships, including general contract terms, obligations, and liability provisions
German Commercial Code (Handelsgesetzbuch - HGB): Regulates commercial relationships and contains specific provisions for commercial agents and distributors
Act Against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb - UWG): Regulates fair competition practices and prohibits unfair business practices
Act Against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen - GWB): German antitrust law governing vertical agreements and distribution systems
EU Block Exemption Regulation for Vertical Agreements (Regulation 2022/720): European regulation providing exemptions for certain vertical agreements, particularly relevant for distribution agreements
EU General Data Protection Regulation (GDPR): Regulates the processing of personal data, relevant for customer data handling in the franchise relationship
German Standard Contract Terms Act (AGB-Recht, part of BGB): Governs the use of standard terms in contracts and provides protection against unfair contract terms
German Agency Law (Handelsvertreterrecht, §§ 84-92c HGB): Specific provisions for commercial agents that may be analogously applicable to dealer relationships
Price Indication Regulation (Preisangabenverordnung - PAngV): Regulates price transparency and disclosure requirements in consumer transactions
Motor Vehicle Block Exemption Regulation (if applicable for automotive dealers): Specific competition rules for the automotive sector distribution agreements
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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