Description

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The key document in establishing a franchise relationship is the franchise agreement. It is the core and foundation of the franchise relationship where the franchisor grants the franchisee a time-limited right to use the franchisor's system and trademarks to conduct business. There is no one-size-fits-all template because a well-drafted franchise agreement is the product of careful analysis of many considerations

Drawn from the authors' years of practice in negotiating and drafting these agreements, The Annotated Franchise Agreement demonstrates that every provision in an agreement has a meaning and purpose. These provisions need to consider many factors, including the size and maturity of the franchise system, the nature of the goods or services provided to the franchisee's clients, the franchise's culture, and the regulatory environment. This book explains how to draft an agreement with both precision and care, involving clear and concise language, follow a logical structure, and be easy for anyone reviewing the agreement to understand and see the "big picture" of the franchise relationship. Among the topics covered in this book are:

• Introductory terms, grant, territory, and reservation of rights
• Fees, initial terms, and renewal
• Training, site selection, construction, and opening
• Operation of the business
• Operating manual, advertising, trademarks, and other intellectual property
• Accounting, records, reports, audits, inspections, insurance, and restrictive covenants
• Transfer, assignment, death or incapacity of the franchisee
• Termination and default
• Dispute resolution
• Other common provisions

The Annotated Franchise Agreement provides an essential resource for attorneys focused on franchise law, but serves as an equally useful resource for business attorneys who are relatively new to analyzing and drafting these agreements.

About the Author

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Nina Greene is a partner in the Miami office of Genovese, Joblove & Battista, P.A., where she practices in the areas of franchise, trademark, and complex commercial litigation. Dawn Newton is a partner in the Bay Area law firm of Donahue Fitzgerald LLP where she represents franchisors in start-up and emerging franchise brands and operates as their outside general counsel. Kerry Olson is chief legal officer, general counsel, and secretary of CKE Restaurants Holdings (Carl's Jr. and Hardee's) in Franklin, Tennessee.