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.
Sprache
Verlagsort
Zielgruppe
Editions-Typ
Produkt-Hinweis
Maße
Höhe: 251 mm
Breite: 178 mm
Dicke: 23 mm
Gewicht
ISBN-13
978-1-64105-271-9 (9781641052719)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
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. She has represented franchisors throughout the United States in matters involving protection of trademarks, franchise terminations, discrimination claims, covenants not to compete, unfair competition, business torts, and many other issues. She has lectured on numerous franchise issues for the ABA Forum on Franchising and the International Franchise Association (IFA). Additionally, Greene is the chairperson for the South Florida Chapter of the Women's Franchise Network of the IFA and is a member of the IFA Supplier Forum Advisory Board. Greene has been selected to appear in Best Lawyers of America, the International Who's Who of Business Lawyers and the International Who's Who of Franchise Lawyers. She is also a committed volunteer and is the chairperson who oversees all advisory boards throughout the United States for Best Buddies, a nonprofit organization dedicated to ending the social, physical, and economic isolation of individuals with intellectual and developmental disabilities. Greene earned her LLM in taxation from Temple University School of Law, her juris doctor from the University of Miami School of Law, and her bachelor of arts from the University of Pennsylvania.
Dawn Newton is a partner in the Bay Area law firm of Donahue Fitzgerald LLP and co-chairs the firm's intellectual property group. She primarily represents franchisors in start-up and emerging franchise brands and operates as their outside general counsel. In addition, she represents technology companies and manufacturers in protecting their trademarks worldwide. Dawn is a member of the Governing Committee of the ABA Forum on Franchising and co-chaired the 40th Annual Meeting of the Forum in Palm Desert, California. She currently serves as the forum's program officer, and in 2010 she was honored to be a recipient of the forum's future leader award. Dawn is recognized as a certified specialist in franchise and distribution law by the state bar of California's Board of Legal Specialization and is a past chair and commissioner of the Franchise and Distribution Law Advisory Commission of that board. She has been named a best lawyer in franchising in the San Francisco region since 2013 by Best Lawyers.
Kerry Olson, Vice President, International Dairy Queen, Minneapolis, MN Kerry Olson is vice president and assistant general counsel for International Dairy Queen, Inc., based in Minneapolis. Her responsibilities include providing franchise and legal support to the international division. Before joining Dairy Queen, she was associate general counsel at Buffalo Wild Wings, Inc., for two years and in private practice for more than four years at the Minneapolis law firm of Gray Plant Mooty. There, she specialized in franchise corporate counseling and worked with franchisors in the retail, restaurant, hospitality and service-based industries. Currently, she is a member of the ABA Forum on Franchising and serves on the Steering Committee of the International Franchise and Distribution Division. She also is an active member of the International Franchise Association. Ms. Olson graduated from St. Olaf College in 1997 and earned her law degree from the University of Minnesota Law School in 2000. 0913
