Business franchising agreements are commonplace, and tens of thousands of these contracts are signed every single day around the world. More often that not, the agreements underpinning business franchising arrangements are written by qualified and skilled commercial lawyers experienced in this kind of arrangement. However, that’s not always the case, and many business owners choosing the franchising route consider a DIY approach to contract formation, which carries with it it’s own risks and pitfalls. Whichever route you choose, there are a number of key contract terms you should look out for in franchising agreements that are of importance to both the franchisee and franchisor.
A crucial set of terms included within the typical business franchising agreement are those relating to payment. Business franchising is a worthwhile agreement for both sides, but the payment terms stipulated are of critical importance in determining whether or not it’s good value all round. Normally, business franchising agreements are comprised of an initial upfront payment along with a periodical payment of royalties, although this varies to a greater or lesser extent. Understanding the exact nature of the payment terms of the agreement will enable you to determine how much you will be required to pay as a franchisee, and will allow you as a franchisor to calculate how much income can be generated from the franchising business model.
Another critical term to look out for, particularly as a franchisee, are those relating to the resale of your franchise, which can determine whether or not a business franchising agreement is. Some franchising models prevent resale without the permission of the franchisor, whilst others requiring strict interviewing of new prospective franchisees or even prevent resale altogether. This can obviously have an impact on whether or not the deal turns out to be good long term value, and it may have an impact on whether or not you should opt for that particular franchise package.
As a franchisor, you should look to include provisions within the contract relating to pricing control, or generally as to the autonomy afforded to the particular franchisee. The business franchising relationship is one of greater or lesser autonomy, and you need to decide how much freedom to give to your franchisees. Remember it’s your business at the end of the day, and you need to be sure you want to surrender some degree of freedom and of where you want to draw the line. Establishing this within the business franchising agreement will solve any problems that may arise later down the line.
Business franchising can be a particularly profitable business model for both sides of the agreement, but the agreement itself must be watertight to begin with in order to avoid problems as the agreement progresses. By making sure your business franchising agreement is complete and tackles all the relevant issues head on, from payment to resale and beyond, you should be able to prevent disagreements and make sure that both sides understand their rights and obligations as pertains to that business franchising agreement.