(Includes a Free Schedule)
This Franchise Agreement Template covers matters required by the Franchising Code including:
· Interpretation & Definitions
· Disclosure documents & Cooling off period
· Franchisee’s initial obligations
· The Code
· Designated representative
· Training fee
· Initial capital investment fee
· Ongoing franchise fee
· Duties of the Franchisor
· Duties of the franchisee
· Customer referral
· Accounts and Financial Records
· Advertising and marketing
· Business name
· Sale by franchisor
· Sale by franchisee
· Preconditions to consent to sale
· Consequences of termination
· Restraint of trade
· Dispute resolution
· Independent contractors
+ Franchise Checklist
+ Franchise Code of Conduct
+ Free Franchise Book by Eric Kalde
+ Franchisee Due Diligence
+ Franchise Information Statement
+ Franchise Disclosure Document
Fully formatted in Microsoft Word ready for you to download and edit.
Franchise agreement template is 34 pages long.
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- 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 theCompetition 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.
- 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.