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What is a Franchise Agreement?
A Franchise Agreement in India is a contract where a business (Franchisor) consents to grant the enterprise name or company processes or the company product to an individual or an entity (the franchisee). The Franchise Agreement lays the terms between both the consenting groups. It defines the
- Remuneration for the franchisee (payment in the way of royalties) for the usage of the business trademark, etc.
- Conditions of the usage of the brand name,
- Terms concerning disciplinary provisions, varying from financial penalty and allowances to withdrawal of the business franchise and the contract
Contents of a Franchise Agreement
The Franchise Agreement contains the following:
- The operational relationship between the Franchisor and the Franchisee
- Usage rights and limitations of the Franchisor’s brand name and trademark
- Designates the Territory
- Defines the Royalty payment structure and the payment frequency
- Mentions the Upfront fees to be paid to the Franchisor
- Outlines the validity of the Agreement
- Mentions the Training & Operation support to be provided by the Franchisor
- Outlines the Operation Process & Reporting format
- Termination & Dispute resolution mechanism
Laws governing the Franchise business arrangement in India
The different laws which govern various aspects of franchising in India are as follows:
- The Indian Contract Act, 1872.
- The Competition Act, 2002
- Income Tax Act, 1961
- Consumer Protection Act, 1986
- Arbitration and Conciliation Act, 1996
- The Foreign Exchange Management Act, 1999
- The Trademarks Act, 1999
- Patent Act, 1970
- Design Act, 2000
- Copyright Act of 1957
Why LegalKart
- Senior Corporate Expert Lawyers: We will get your document drafted/reviewed by Senior Expert Corporate lawyers. You can track the progress of your document on our platform at all times.
- 4.5 Customer Score: Clients are delighted with our service! They have consistently rated us high because of our focus on delivering quality output and providing regular updates.
- Responsible Delivery: Our team of experienced business advisors are just a phone call away. Our team will ensure that your interaction with the expert lawyer is smooth and seamless and the document draft is delivered to you within the committed timeline.
Deliverables
Our standard deliverables for every document drafting includes:
- 30 Minutes of Talk-Time with the Lawyer for drafting/reviewing the Agreement
- First draft of the documents will be delivered to you within a maximum of 2 working days
- Post-delivery of the first draft – 2 Iterations per Document to incorporate your suggestions/changes
Startup Documents
Franchise Agreement
₹6500
₹ 18999 (65% Off) ₹13499 SaveGross Total
₹6500
Deliverables *
a) Detailed discussion with the Lawyer to understand the business model.
b) India's best Franchsie Agreemet expert shall draft your agreement.
c) Delivery of the first draft in just three days.
d) Up to two iterations to accomodate your suggestions.
We Accept
Frequently Asked Question
What is the difference between a Franchisor and a Franchisee?
A Franchisor is a business, which is the parent company that owns the brand name and the product/technology knowhow. The parent company loans these principles, product and brand to another entity known as the Franchisee. While the Franchise is independently owned, operated and managed, but the entire process of the usage or brand and sales of the product is overseen by the larger parent company.
Does India have specific laws for franchise businesses?
No, India does not have separate laws that deal explicitly with franchise business models. India does not have any particular law that deals specifically with the franchise agreement, its termination, the setting of clauses, and non-disclosure. But several enactments help control and regulate the functioning of franchise business in India.
Should Franchise Agreement be stamped?
Yes, Franchise Agreement must be stamped according to relevant Stamp Duty Act, as applicable to your state.
What is the difference between Franchising and Licensing?
The difference between licensing and franchising is that licensing is a legal relationship that is limited in scope and relates only to the use of a trademark or technology, whereas franchising involves a relationship that goes beyond the grant of a license and includes a relationship of control where the underlying business is required to operate in accordance with designated systems and procedures.
What our users have to say
Franchise agreement sab se important document hota hai aur; hum first time entrepreneur hai; isliye kuch nai pata tha. LegalKart expert ne hume agreement ke sare pahlu samjhaye aur hamara kaam bhaut aasan kar diya. Thank you.
Pratyush Prakash , Patna
I was taking a franchisee of a small restaurant; my investment was about 15 Lakhs. My friend suggested me to speak to an expert from LegalKart for better understanding of Franchise business nitty-gritty. After discussion I realised had I signed that agreement I was definitely facing troubles due to many clauses in the agreement. Thank you for timely advice and business saving agreement amendments.
Rakhi M, Bangalore
I was planning to expand through my home furnishing business and wanted to appoint franchisee across cities. I was not sure that how will I trust some one whom I do not know and who will run their business on my brand reputation. LegalKart expert was very experienced about franchise business' micro issues and he helped me understand important aspects of my franchise business but also drafted an impeccable agreement to safeguard all my rights. I highly recommend an in-depth discussion and drafting of your franchise agreement with an expert. Every bit of it is worth the money spent.
VIJAY SARDANA, New Delhi
Our Clients
Startup Documents
Franchise Agreement
₹6500
₹ 18999 (65% Off) ₹13499 SaveGross Total
₹6500
Deliverables *
a) Detailed discussion with the Lawyer to understand the business model.
b) India's best Franchsie Agreemet expert shall draft your agreement.
c) Delivery of the first draft in just three days.
d) Up to two iterations to accomodate your suggestions.