MASTER FRANCHISE AGREEMENT
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The Master Franchise Agreement
What It Is, And When To Use It.
A master franchise agreement is typically used when a business owner wants to sell franchises in their company. The agreement will outline the rights and responsibilities of both parties.
This type of agreement allows one party to sell products or services under another’s brand name.
In order to protect themselves against fraud, some businesses require prospective franchisees to sign a master franchise agreement before entering into negotiations with them.
MASTER FRANCHISE AGREEMENT
Master Franchise Agreement Includes:
Information Statement
Legal Drafting Bookelt
Schedule
Franchise Checklist
Disclosure Document
Full Commentary with Update
Contents
1 Definitions
2 PRIMARY ACKNOWLEDGMENTS
3 COVENANTS
4 GRANT OF MASTER FRANCHISE
5 CONDITIONS PRECEDENT
6 TERM & TERMINATION
7 DUTIES OF THE FRANCHISOR
8 DUTIES OF THE MASTER FRANCHISEE
9 RECRUITMENT AND MANAGEMENT OF FRANCHISEES
10 AUTHORITY TO GRANT FRANCHISES
11 MEETINGS
12 REPORTING
13 FRANCHISE FEES
14 SUPPLY OF STOCK
15 PRODUCT WARRANTIES
16 DUTIES OF THE MASTER FRANCHISEE
17 ADVERTISING, MARKETING & PROMOTION
18 DEFAULT
19 INSURANCE & INDEMNITY
20 FINANCIAL REPORTING
21 INSPECTION AND AUDIT OF FINANCIAL RECORDS
22 CONFIDENTIALITY & NON-DISCLOSURE
23 OPERATIONS MANUAL
24 ASSIGNMENT
25 TERMINATION
26 EFFECT OF TERMINATION
27 NON-COMPETE
28 FRANCHISING CODE OF CONDUCT
29 RELATIONSHIP OF PARTIES
30 ENTIRE AGREEMENT
31 GOVERNING LAW
32 FORCE MAJEURE
33 INTERPRETATION
34 DISPUTE RESOLUTION
35 SERVICE OF NOTICES
36 WAIVER
37 SEVERABILITY
38 COST AND (STAMP) DUTY
39 FURTHER ASSURANCE
40 INJUNCTION & INTERLOCUTARY RELIEF
41 WARRANTIES AND RESPRESENTATIONS OF MASTER FRANCHISEE
42 DIRECTORS GUARANTEE
SCHEDULE
1. General Law Governing Franchising
The term ‘franchising’ is normally used in connection with either a business format
form of franchise or in connection with a product and trade mark franchise. Under a
business format form of franchise, the Franchisor grants to the franchisee not only
the right to use the franchisor’s trade marks but also the right to use an entire
business format in accordance with which the franchisee must carry on their
business.
Franchising in Australia is governed by the Franchising Code of Conduct. The
Franchising Code of Conduct is a mandatory industry code of conduct that has the
force of law under the Competition and Consumer Act 2010 (Cth).
The definition of ‘franchise agreement’ in the Franchising Code of Conduct is
wide. An agreement exhibiting the features specified in Clause 4(1) of the Code, will
be a franchise agreement for the purposes of the Code.
2. The Code
The Franchising Code of Conduct is contained in a Schedule to the Trade Practices
(Industry Codes — Franchising) Regulations 1998 (the Code). A Franchising Code
of Conduct compliance manual for franchisors and master franchisees is available
free of charge from the Australian Competition and Consumer
Commission website www.accc.gov.au.
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