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International Franchise Contract

International Franchise Contract
Pages: 22 + 4 (User Guide)
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Language: English
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This International Franchise Contract is an agreement between two legally independent parties (Franchisor and Franchisee) based in different countries. By means of this contract, the Franchisor grants the Franchisee the exclusive right to distribute its products (or services) in establishments which are uniformly equipped and furnished, as well as the right to use Intellectual Property Rights (brands, commercial signs, trade marks), while also providing the whole Know-How (Franchise Handbook), and the technical and commercial support for distribution to be carried out correctly. The Franchisee must follow the instructions given by the Franchisor as regards the presentation, commercialization and corporate image on the authorized premises. In recognition of the the services provided, the Franchisee pays the Franchisor a series of different fees (Front-end fee, sales fee, advertising fee).

The model is designed for products franchises (foodstuffs, cosmetics, decoration, fashion, textiles, etc.) but with a few slight modifications it may also be used for services franchises (real estate, consultancies, financial services, internet, cleaning services, catering, etc.).

This contract model conforms to UNIDROIT (Unification of Private Law) principles and to the procedures set out by the International Chamber of Commerce for international franchise contracts.

The language of this contract is English. It is available also in Spanish.

This is a model of International Franchise Contract between companies based in different countries. If Franchisor and Franchisee are based in the same country the Franchise Contract should be used.

Index of the Contract

1. Object of the contract
2. Independence of the Parties
3. Authorized establishment
4. Territorial exclusivity
5. Duration and renewal of contract
6. Commencement of activity
7. Adaptation and furnishing of authorized establishment
8. Licence to Intellectual Property Rights
9. Franchise fees

10. Franchise Handbook
11. Assistance and training
12. Provision of products

13. Start-up stock
Computerized Management System
15. Inventory and supervision rights
16. Insurance
17. Advertising
18. Confidentiality
19. Non competition
20. Transferral of contract
21. Termination of contract
22. Post-contractual obligations
23. Force Majeure
24. Notification
25. Applicable law and competent jurisdiction
26. Language
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