This article will lead you in learning about the creation of a franchise agreement in India and what to look for in one. Do you want to own a franchise in India, first and foremost? If the answer is yes, you should know roughly what to anticipate in a franchise agreement before establishing your business. You won’t be able to run the franchise without any glitches or hurdles at all until you know what to anticipate from an Indian franchise agreement or contract.
To create a strong franchise agreement, you must hire a lawyer. A solid franchise agreement also serves as a safeguard for the franchisor and the franchisee and establishes the groundwork for the success of the franchise. The franchise agreement is one of the most crucial legal documents when it comes to franchising in India because it formally establishes the partnership between the franchisor and the franchisee. In the absence of this agreement, many business-related risks, hiccups, or system breaches could occur accidentally or on purpose by all parties, harming the brand’s reputation. In short, the franchise agreement describes and defines the franchise relationship, outlining the duties and responsibilities that are set forth by both the franchisor and the franchisee.
Who Writes the Franchise Agreement?
Although the franchisor prepares the franchise agreement, the franchisee is also permitted to review the terms before signing. As a result, the franchisee must carefully study the agreement and comprehend the entirety of the contract. They should also obtain guidance from a reliable lawyer during the verification process to gain peace of mind. But if a change is necessary, the franchisee must seek permission from the franchisor. The partnership will be officially established once all the agreements have been agreed upon by both parties.
How long does it take to write a Franchise Agreement?
There are two stages to creating a franchise agreement: ideation and preparation, followed by planning and actual writing. The initial effort begins with figuring out the costs and writing the specifics of the contract, such as the terms, renewal conditions, and transfer of ownership. Consider both parties’ preferences while choosing these dates. Data and figures in the franchise agreement should be carefully considered benefiting the franchisor.
A franchisor shouldn’t think about charging a reduced cost of 2% to distinguish his brand and make it more marketable when it comes to settling the royalties in the franchise agreement. The fees and percentages are necessary to adequately cover the costs and services such as store opening, staff salaries, store visits, and more, therefore franchisors should take this into account if other businesses are charging a 3% royalty.
The preparation of the franchise agreement typically takes up to a month, giving the lawyer time to thoroughly review all the specifics before the deal is signed. Although the franchisor may have a lawyer represent them throughout the entire process, it is also advisable to consult a franchise expert or a specialist in this area. Sparkle minds can aid and support you in this situation.
What should be included in the Franchise Agreement?
Different types of businesses can add more information based on the nature and demands of the firm, however, it often contains the fees and payment structure, duration and renewal terms, training, and transfer of ownership. Overall, the information provided in the document should have value to both parties and should be carefully examined before being signed. Once all the facts are known, the relationship between the franchisor and franchisee will function effectively, and both parties will be satisfied, as this is an efficient way to ensure a solid legal contract and a long-term association.
Fundamentals in Franchise Agreement
10 introductory provisions to include in all franchise agreements.
Location Site / Region
The franchise agreement should mention the area in which your business will be functioning, along with defining the company’s exclusive rights.
Operations
This is a section in the contract which will explain how the concerned franchisee will run and operate the business.
Training Support
Generally, most franchisors offer training followed by training plans to the franchisee. Usually, the first training for the franchisee is conducted at the Head office or corporate office and then on-site. Furthermore, the agreement would also highlight managerial as well as methodological support information.
Duration
How long the franchise agreement or contract is valid, will be stated in the franchise agreement.
Franchise Remuneration / Investment
The first initial fees also known as the preliminary franchise fees are mainly charged to the franchisee in advance. This grants the rights to the franchisee to use the brand and the operating system of the franchisor. Such costs will be outlined in the franchise agreement itself.
Royalties / Ongoing Fees
Most franchisors charge ongoing royalty fees, which are mostly a fraction of the entire sales, charged monthly.
Trademark / Signage / Patent Rights
This defines the terms on how the franchisee is allowed to use the trademark or brand signage.
Advertising / Promotion Activities
An advertising contract is part of this legal document which defines what amount would the franchisee needs to pay for advertising or marketing the brand.
Renewal / Termination / Cancellation Policies
All of these would be expressly stated in the agreement, including how the contract would be renewed, the reasons for contract termination, and what would happen if the franchisee decided to terminate the policy. This is a crucial clause that the franchisee must carefully examine. If a dispute is likely to arise, the franchisor may also include an arbitration clause that must be taken into account by the arbitrator before proceeding to court.
Exit Clause / Strategies
Reselling policies vary by franchise. Some let franchisees sell the franchises they want. Other agreements have repurchased or first refusal clauses. These enable franchisors to repurchase franchises at predetermined prices or to compete with offers from interested buyers.
To Conclude,
The steps involved in creating the necessary documents and content buckets for a franchise agreement have been addressed. In addition, we discussed who is qualified to write a franchise agreement and how long it takes to do so. You should thoroughly study the final agreement before signing it if you want to keep this connection going, whether you’re the franchisor or the franchisee. You can get assistance and support from sparkle★minds with the essential paperwork for your venture.
