Franchise Agreement – Answer to Legalities of Franchising

Written by Sarvesh Kumar

Franchise agreements play an important part between a franchisor and a franchisee. It is the legal binding of the parties. With the increasing number of franchises, international and national, understanding the franchise agreements is equally important for the same.

It is important for a franchisor and franchisee to understand why does one need franchise agreements in place. Franchise agreement further helps in avoiding franchise disputes. The agreement also contains the day-to-day operations of the franchise with maintaining the standards of the business.

Every franchise business is different vis-à-vis the industry; therefore, it is necessary to understand the suitable franchise agreements for business. There are mainly 4 types of franchise agreements a franchisor and a franchisee need to understand – namely:

I) Single-Unit Franchise:

A single unit franchise is when the franchisor gives the franchisee the right to open a single unit of their franchise. It is to understand the market dynamics and capabilities of the franchisee.

II) Multi-Unit Franchise Agreement:

In this type of franchise agreement, the franchisor gives the franchisee the permission to open and operate more than one unit of a franchise business. The franchisee is told to develop a few pre-determined numbers of units to be set up. In case he/she fails the franchisor can opt for another franchisee.

III) Area Development Franchise Agreement:

This type of franchise is similar to Multi-unit franchise. The only difference is the franchisor grants an exclusive right to develop franchisees in that location. No other franchisee is given permission to set up a franchise there. Therefore, no other franchisee is given permission in setting up a franchise there.

IV) Master Franchise Agreement:

This type of franchise is a lot bigger than the area development franchise. Here, the franchisor gives the sole rights the franchisee not only to open a set number of units, but also the franchisee can give out franchises within their geographical location. It is more or less like a franchisor in one particular area geographically.

From the mentioned types of franchise agreements, we can understand the types of franchise format. Each of them requires a different type of franchise agreement between the franchisor and the franchisee. They also have to take note of different types of franchise laws applicable and how do these laws have a direct or an indirect effect on the franchises. Here it is important for a franchisor to take help from a franchise consultant and understand all the intricacies of the same.

As the functionalities of every franchise are different it is important for a franchisee to seek guidance from a franchise expert. Sparkleminds is your answer here, a franchise expert in India with over 20+ years of experience and has helped 1000’s of brand expand via franchise in various categories of business at a successful rate.

Sparkleminds is a leading franchise development company in India, they have been in the industry for over 20+ years and have helped 1000’s of brands across industries establish in India by guiding them through the franchise route.

Implication of Franchise Registration in India

Written by Sarvesh Kumar

Franchise Enrollment in India

When a franchisor is looking at franchising in India, the franchisor should have a blueprint in terms of expansion plans in the number of cities, which franchise model they would be adopting and expanding with. Before expanding in India, Ministry of Corporate Affairs is the platform a franchisor should visit.

So, if you are a foreign brand, who wants to expand business in India. You should visit the Franchise brokers in India. This will help you to understand the nuances of franchising in India and how to set it up.

The legal bindings to make note of is taxation policy according to the state, city, region the brand wishes to franchise. Exploring currency risks as they would be dealing with the currency of their home country. The franchise legal framework in India is directed by laws under Indian Contract Act 1872, Transfer of Property Act 1882, Foreign Exchange Management Act 1999 and more. Before you start a franchise in India visit these institutes.

Franchise Intellectual Property

Businesses expanding into a newer location in the home country or foreign lands has to be certain about few things. A franchise intellectual property has trademarks, design logo, trade secrets of the brand for a brand identity.

An entrepreneur must understand the two types of franchised business which is as follow:

  • Product & Trade name franchising, here the franchisee is given permission to use the trade name and trademark in order to sell the franchisor’s products or service or both
  • Business Format Franchising, franchisor permits the usage of tradename, trademark, trade secrets, functionality and more to the franchisee.

Franchising Consulting Strategy Framework

It is tough for an entrepreneur to franchise since a lot of things are to be considered when franchising. There is a need to develop a commercial strategy for the business and look into legal framework for the business.

The two types of framework are used while developing your franchise business is – Strategic and Operational Support. In the operational support the recommended changes will help the brand in the long run, while looking at different geographies of India. Franchise experts will also give operational tips on the small functions of the office, this includes finance, human resources, procurement and more.

Conclusion

With above given brief details a franchisor regardless of the origin of the brand can understand franchise procedure in India. Also, what are the legal institutions that guide your franchise in India in terms of rules, regulations and more. This calls for an expert when it comes to franchise registration in India and understanding of franchising intellectual property etc. We provide guidance in registration of franchise agreement in India and help you understand steps in franchise registration in India.

At Sparkleminds we conduct a detailed study on the brand and provide consultancy services as per the business functions. The main challenge for us is to understand dynamics of the market and develop a business model on those lines. Therefore, our research is based on primary as well as secondary sources.

We always look at providing the best service when it comes to franchising!