In a franchise, the franchisor develops a business system, in
association with a trade-mark, and licenses the use of that system
to a franchisee, for a period of time. The franchisee is required
to conform to the standards of the system and pay money to the
franchisor such as initial franchise fee and royalties, on regular
basis, as agreed.
The franchise law has
evolved over a period of time. In Ontario the legislation imposes
certain requirements/ obligations on the Franchisor and gives some
rights/remedies to the franchisee.
If You Are A Franchisor
From franchisor’s point of view the franchise documents have to
be drafted keeping in view the franchisor’s business intentions.
Allocation of risk and responsibilities between the franchisor and
the franchisee have to be clearly defined, and are to be in
conformity with the law and the established legal regime.
If You Are A Franchisee
Similarly, from franchisee’s point of view a thorough
understanding of the franchise system, documents involved, the
kind of relationship evolved and inter-se rights and obligations
of the respective parties have to be clearly understood.
How do we help
We at Toor Law Office help
in preparing franchise related documents, establishing a
new franchise system, and their need based review from
time to
time. |