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Franchise agreements

Franchise agreements are drawn up when one company wishes to grant another company a franchise to operate a business.

In this example, Company A New Zealand is granting a franchise to Company A Malaysia to assemble and sell popcorn machines.

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As part of the franchise, Company A New Zealand would:

  • transfer operating and quality control procedures and know-how to Company A Malaysia
  • sell key components of popcorn machines to Company A Malaysia
  • give Company A Malaysia help with marketing, power system design and technical support

Company A Malaysia would:

  • run the business under specific franchise operating rules
  • pay a franchise fee calculated as a percentage of its pre-tax profit
  • amend its rules to provide safeguards to minority shareholders

Other issues to be considered when drawing up a franchise agreement include:

  • Territory and exclusivity – any sales limitations and restrictions on Company A New Zealand granting other franchises in the same territory
  • Payment terms
  • Term of Agreement
  • Minimum sales or production volumes
  • Use of Company A New Zealand brand
  • Manufacture of competitive products by Company A Malaysia
  • Sale of franchise or sub-franchise
  • Plant access, audit and inspection rights
  • Reporting
  • Dispute resolution

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