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Topic: Franchise agreement


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In the News (Tue 15 Dec 09)

  
  Franchising - Wikipedia, the free encyclopedia
Franchising (from the French for free) is a method of doing business wherein a franchisor licenses trademarks and methods of doing business to a franchisee in exchange for a recurring royalty fee.
A franchise agreement will usually specify the given territory the franchisee can use, as well as the extent to which the franchisee will be supported by the franchisor, such as through training and marketing campaigns.
As practiced in retailing, franchising offers franchisees the advantage of starting up a new business quickly based on a proven trademark and formula of doing business, as opposed to having to build a new business and brand from scratch (often in the face of aggressive competition from franchise operators).
en.wikipedia.org /wiki/Franchise_agreement   (872 words)

  
 FRAIN - The franchise agreement   (Site not responding. Last check: 2007-10-10)
This does not mean, however, that the franchise agreement should be one-sided by recording all the rights of the franchisor whilst placing all the obligations on the franchisee.
The franchise agreement will explain the terms of the franchise relationship, identify the contracting parties and describe what the grant of the franchise entails.
The term of the franchise agreement typically extends over five to ten years, usually linked to an option in favour of the franchisee that the agreement may be extended for a further period.
www.frain.org.za /information/legal/agreement.html   (827 words)

  
 MSBA.org - Publications
Franchisers often require that the franchisee be personally involved in the day-to-day operations of the business and personally guarantee the financial obligations of the business.
Franchisers generally will not agree to major variations; however, the widely-held notion tha franchise agreements are nonnegotiable is not true.
The franchise agreement should also obligate the franchiser to indemnify you, the franchisee, from any claims by third parties challenging the validity or use of the trademark.
www.msba.org /departments/commpubl/publications/brochures/franchise.htm   (1280 words)

  
 Franchise Renewal Agreement - Citizens Cable Communications Council (1)   (Site not responding. Last check: 2007-10-10)
The proposed franchise renewal agreement was adopted by the Board of Commissioners at their meeting on May 26th, 1998.
THIS AGREEMENT is made and entered into this ___________ day of _________________, 1998 (the "Agreement Date"), and is effective as of May 1, 1998 (the "Effective Date"), by and between the Township of Radnor (the "Township"), Adelphia Cablevision Associates of Radnor, L. P., a Pennsylvania limited partnership ("Adelphia"), and Adelphia Communications Corporation, a Delaware corporation.
The franchise granted pursuant to this Agreement shall be for thepresent territorial limits of the Township and for any area henceforth added thereto during the term of this franchise or any renewal thereof.
www.radnor.com /government/documents/cable_agreement/cable_agree_1.html   (1699 words)

  
 Franchise Agreement - El Dorado Disposal Service
"Franchise Area" shall mean the boundaries of the Franchise Area together with all amendments and changes thereto resulting from binding amendments to this agreement or resulting from the incorporation of a city or annexation by a city of portions of the unincorporated area within the Franchise Area.
Under this Agreement, it is Grantee's responsibility to keep current with the regulations and tests on such substances and to identify such substances and to comply with all federal, state and, to the extent not inconsistent with this Agreement, local regulations concerning such substances.
Nothing in this Agreement shall be construed to prevent either Party from seeking redress to the courts for the purposes of legal review of administrative proceedings in regard to rate setting or County actions taken pursuant to this Agreement, or for the purpose of interpreting or enforcing the provisions contained in this Agreement.
www.co.el-dorado.ca.us /emd/admin/agrmt_eddsi.html   (9068 words)

  
 APS :: Goodyear Franchise Agreement   (Site not responding. Last check: 2007-10-10)
A franchise is a contract between a city and APS. The franchise gives APS the right to use the streets, alleys and other public rights-of-way in the city limits in order to construct, maintain and operate its facilities safely, efficiently and effectively to meet the electric needs of its customers.
Franchise fees have always been a cost of doing business for APS and approval of the franchise will maintain the current 2% franchise fee paid to Goodyear.
The franchise is important to Goodyear so it can effectively and economically plan and build the streets and public facilities, in cooperation with APS, to serve their citizens.
www.aps.com /aps_services/residential/faqs/ResFAQs_66.html   (372 words)

  
 Negotiating The Franchise Agreement   (Site not responding. Last check: 2007-10-10)
Any individual who signs a franchise agreement is executing a legal contract, that requires certain obligations be fulfilled and particular responsibilities met.
Although most individuals execute the franchise agreement in the name of a corporation, franchisors typically require a personal guaranty by the shareholders of that corporation.
A franchise agreement is a complicated document and by design it favors the franchisor.
www.franchisetrade.com /articles/agreement.htm   (990 words)

  
 Negotiating Your Franchise Agreement   (Site not responding. Last check: 2007-10-10)
Franchise agreements are unilateral contracts prepared by the franchisor to protect their interests and the interests of the franchise system as a whole.
There's confusion when it comes to franchise agreements, however, because there is no such general rule of negotiation relating to this industry.
Many other franchise companies are willing to negotiate their franchise agreements; in fact, many of them will negotiate virtually any provision other than the initial, upfront fees you pay them.
www.entrepreneur.com /article/0,4621,304524,00.html   (1204 words)

  
 Time Warner Franchise Agreement   (Site not responding. Last check: 2007-10-10)
The Franchise shall commence upon the Effective Date and shall expire fifteen (15) years thereafter, unless the Franchise is renewed or unless the Franchise is sooner terminated pursuant to this Agreement by (i) the revocation of the Franchise as provided in Section 9 or (ii) an Abandonment.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted transferees and assigns.
This Agreement shall be deemed to be executed in the City of Tampa, Florida and shall be governed in all respects, including validity, interpretation and effect, and construed in accordance with, the laws of the State of Florida, as applicable to contracts entered into and to be performed entirely within that State.
tampagov.net /dept_Cable_Communications/time_warner_cable_franchise.asp   (8208 words)

  
 [No title]
Upon passage by the Board of County Commissioners of an ordinance granting a franchise to Comcast, Comcast will be granted a franchise subject to the terms and conditions of this Franchise Agreement, and subject to the Cable Ordinance and all other applicable law.
The Franchise and this Franchise Agreement shall extend for a term of fifteen years, commencing on the date executed below by the Franchisee, unless the Franchise is earlier revoked as provided herein or in the Cable Ordinance.
The franchise granted under this Franchise Agreement shall be subject to regulation by the County in accordance with the provisions of the Cable Ordinance and this Franchise Agreement.
www.charlescounty.org /it/inetsite/franchiseagreement.htm   (3209 words)

  
 CDA Franchise Agreement for Restaurant   (Site not responding. Last check: 2007-10-10)
The agreement is between the franchisor and a new franchisee.
The term of this Agreement shall commence on the date hereof, and shall expire either on the _______ anniversary date hereof or on the expiration of the Franchisee's lease or sublease of the Premises, whichever date shall be the earlier, unless terminated earlier in accordance with the provisions of this Agreement.
Such renewal term shall commence on the expiry of the Initial Term of this Agreement and end on the earlier of the _____ anniversary thereof, or on the expiry of the Franchisee's lease or sublease of the Premises, unless terminated earlier in accordance with the terms and conditions of this Agreement.
www.megadox.com /docdetail.php/457   (1003 words)

  
 Franchise Agreement   (Site not responding. Last check: 2007-10-10)
When a Franchise is sold under the terms of this agreement, the rights to receive Reprint fees is automatically transferred to the purchasing Franchisee.
Franchisee's Agreement to Use ELP Services for "Hybrid" Books: The Franchisee is free to engage in editing and publishing activities that are not related to or sponsored by ELP; the Franchisee does agree to use ELP as the Franchisee's exclusive provider for "hybrid" books.
In the event that this Franchise Agreement is terminated for any reason, Franchisee agrees to refrain, for a period of 90 days from the date of termination, from selling, marketing, or promoting any "hybrid" books that compete with currently-published ELP books.
www.elppartners.com /franchise_agreement.htm   (2031 words)

  
 Franchise Agreement   (Site not responding. Last check: 2007-10-10)
However, if the Franchise terminates for any reason, and Grantee has ceased to provide service in City, and the City has determined that Grantee does not owe funds to the City and is not in default, the Grantee's obligations to maintain the LOC shall also terminate.
The remedies provided for in this Agreement are cumulative and not exclusive; the exercise of one lawful remedy shall not prevent the exercise of another lawful remedy, or the exercise of any rights of the City at law or equity, provided however, cumulative remedies may not exceed the total wrong involved.
In the event Grantee's performance of any terms, conditions or obligations required by this Franchise is prevented by a cause or event not within Grantee's control, such inability to perform shall be deemed excused for the period of such inability and no penalties or sanctions shall be imposed as a result thereof.
www.ci.des-moines.ia.us /departments/IT/FRANAGR.htm   (8046 words)

  
 Franchise Agreement
Franchisors shall mean the Commissioners of Carroll County, the Town of Hampstead, the Town of New Windsor, the Town of Sykesville, the Town of Union Bridge, the City of Taneytown, and the Mayor and Common Council of the City of Westminster.
In those parts of the Franchise Area where transmission or distribution facilities of all utility companies are underground or hereafter may be placed underground, Franchisee shall likewise construct, operate and maintain all of its transmission and distribution facilities underground.
This Franchise and all rights of Franchisee thereunder shall automatically terminate on the expiration of the term of this Franchise, unless an extension or renewal is granted.
www.carrollcable.tv /franchise_agreement.htm   (5987 words)

  
 Utility Lingo Simplified   (Site not responding. Last check: 2007-10-10)
Franchise agreements are not meant to cover everything associated with operating a utility.
The purpose of such an agreement is to grant permission to the utility to locate its property inside the city limits of the community, minimize misunderstandings of the community’s governing requirements, and to provide guidance as how duties will or will not be performed by the utility.
Part of a franchise agreement that protects the community from liability for injury or damages related to negligence by the utility during construction, operation or maintenance of its facilities.
www.aquila.com /about/overview/lingo   (13056 words)

  
 Learn to Evaluate a Franchise Agreement   (Site not responding. Last check: 2007-10-10)
He or she may not know which issues may be negotiable and which aren’t, or when something in an agreement is unusual and possibly unfair.
If these promises aren’t in the franchise agreement, they won’t be part of the legal relationship, and the franchisor may not be required to honor those promises.
One last piece of advice: Never sign a franchise agreement you don’t understand, especially when it comes to the sections dealing with defaults, terminations and what happens when the relationship between you and the franchisor ends—and it will end at some time.
www.entrepreneur.com /franzone/article/0,5847,287418----2-,00.html   (442 words)

  
 The Collectively Bargained Franchise Agreement
An up-close look at a franchise agreement developed with the ambitious franchisee in mind.
In most franchise systems, the franchisee signs an agreement that boils down to this: you either do what the franchisor says, or you stuff someone else's tacos.
Franchisee advocates have griped about how inequitable it is for franchisees to have to sign a different agreement when they renew after their initial term expires.
www.inc.com /magazine/19951101/2474.html   (1879 words)

  
 Franchise Agreement   (Site not responding. Last check: 2007-10-10)
“Lease Agreement” shall mean that certain agreement between the Authority as lessor and Grantee as lessee, dated as of even date herewith, regarding the lease of the Authority’s electric transmission and distribution assets, as such agreement may be amended from time to time.
The cessation of use or operation of a particular part of the Franchise Facilities or any easement granted herein shall not be deemed an abandonment of such easement or any other easement or right granted herein.
Grantee shall not be precluded by reason of this Agreement from applying for benefits under any legislation, whether currently existing or hereafter enacted, for which it may hereafter qualify.
www.usvi.org /wapa/sei/FranchiseAgreement.htm   (1981 words)

  
 US - Franchise relationship is inherently oppressive
PIP had terminated the 20-year franchise agreement in 1992, eight years before expiration of the franchise agreement, on the basis of the Sealys' persistent delinquency in making payments of royalties and advertising fees.
The issue of whether a franchisor is entitled to receive lost future profits after franchise termination, when the franchisee is found to be at fault, has long been a subject of speculation nationwide among the franchise bar.
The appellate Court held that PIP's loss of royalties for what would have been the remaining term of the Sealys' franchise was not proximately caused by the Sealys' breach of the franchise agreement, but instead resulted from PIP's own decision to terminate the contract.
www.ladas.com /BULLETINS/1996/0896Bulletin/US3.0896.html   (502 words)

  
 City of Palo Alto - Administrative Services - Cable Franchise - Agreement   (Site not responding. Last check: 2007-10-10)
For purposes of this Section 7.11 and for all other sections of this Agreement that may relate to this Section, the term “channel” shall refer to the channel capacity set aside for PEG Access use that is delivered to each Subscriber, to the extent not inconsistent with Section 2.10.010(11) of the Palo Alto Municipal Code.
TCI waives any claim or defense that the liquidated damages that may be assessed under this Agreement are unenforceable as a penalty or on the basis that they do not fairly approximate the actual damages caused by TCI’s default or breach or violation of this Agreement.
This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument.
www.city.palo-alto.ca.us /cable/franchise-agreement.html   (10943 words)

  
 franchise agreement   (Site not responding. Last check: 2007-10-10)
In this respect the franchise agreement can be said to form the...
This is generally outlined in the franchise agreement in the proprietary market section: what...
When you're dealing with franchise agreement, business franchise, or buy a franchise, there is...
www.viewbusiness.net /franchise/franchise-agreement.html   (349 words)

  
 FRANCHISE AGREEMENT   (Site not responding. Last check: 2007-10-10)
A copy of the initial price list in effect at the time of the signing of this Agreement by the Franchisor and the Franchisee is attached hereto and made a part hereof and marked Exhibit "B".
The Operations Manual shall be deemed to be an integral part of this Franchise Agreement, and it may be modified from time to time at the sole and exclusive option of the Franchisor.
Agreement shall not be sold or otherwise transferred without the prior written consent of the Franchisor.
www.azlegaldocs.com /forms/rt/1101.html   (2558 words)

  
 [No title]   (Site not responding. Last check: 2007-10-10)
The agreement has been sent to the Akaku board, which is expected to vote on it March 8, said Chairman Myles Inokuma.
If approved, the agreement will likely put an end to two bills in the state Legislature that would mandate a division of the cable franchise funds.
Cable franchise fees are required under laws that also require cable television providers to allocate some of the cable channels for use by the public, government and educational institutions.
www.mauinews.com /story.aspx?id=6375   (813 words)

  
 Franchise-chat | Franchise News, Discussion and Information
Former Liverpool tyre fitter Mike Welch is plotting European domination for his Blackcircles.com business with the launch of a franchise model which he says will help revitalise small, independent garages facing stiff competition from large national tyre chains.
Businesses under franchise and license are included in the trade bill currently being drawn up the Trade Ministry, the director general of domestic trade said on Friday.
I have bought into a franchise and have been having problems since just after signing my agreement.
www.franchise-chat.com   (603 words)

  
 Franchise Your Business - Get Your UFOC and Franchise Agreement   (Site not responding. Last check: 2007-10-10)
The state registration is very important in the development of a national franchise.
We recommend that you complete the UFOC and franchise agreement and begin the selling process in the permitted states first, then pursue the state registrations and the marketing to those states.
Due to the success of our flagship product, the $199 UFOC and Franchise Agreement package -- and the growing requests by our clients, we have begun expanding our product line.
www.franchisedocuments.com   (164 words)

  
 Preview | Franchise Agreement | Popeyes Chicken & Biscuits
Franchisor grants to Franchisee a franchise to open and operate a
A. Subject to the terms and conditions of this Agreement and
Franchised Unit is operated in any of the following types of locations
library.consusgroup.com /library_pvw/145/145311.asp   (626 words)

  
 CCH Business Owner's Toolkit | Checklist of Basic Franchise Agreement Terms
Thus, it is impossible to identify every term and issue that should be considered in every situation.
However, the Checklist of Basic Franchise Agreement Terms will provide you with a comprehensive listing of the basic terms that may be included in a franchise agreement.
If you are considering the purchase of a franchise, use the checklist to help you understand the terms typically included in a franchise agreement and to review the agreement provided by the franchisor.
www.toolkit.cch.com /tools/franch_m.asp   (274 words)

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