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Franchise License Agreement Template for India

This document establishes a comprehensive franchise relationship under Indian law, granting the franchisee the right to operate a business using the franchisor's established business system, trademarks, and intellectual property. It outlines the rights, obligations, and operational requirements of both parties, including fee structures, quality control measures, and territorial rights. The agreement incorporates provisions compliant with Indian commercial law, including the Indian Contract Act, 1872, and relevant intellectual property legislation, while addressing specific operational requirements, training obligations, and brand standard maintenance.

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What is a Franchise License Agreement?

The Franchise License Agreement is a crucial document used when a business (franchisor) wishes to expand its operations through franchising in India. This agreement is essential for businesses seeking to scale their operations while maintaining brand consistency and quality standards across multiple locations. The document comprehensively covers the grant of franchise rights, operational requirements, intellectual property usage, financial obligations, and quality control measures. While India doesn't have specific franchise legislation, this agreement is structured to comply with various Indian laws including the Indian Contract Act, 1872, Competition Act, 2002, and Trademarks Act, 1999. It serves as the primary governing document for the franchise relationship, protecting both the franchisor's business system and the franchisee's investment.

What sections should be included in a Franchise License Agreement?

1. Parties: Identification of the franchisor and franchisee with full legal details

2. Background: Context of the agreement, brief description of the franchise system and business

3. Definitions: Detailed definitions of terms used throughout the agreement

4. Grant of License: Scope of franchise rights, territory, and exclusivity terms

5. Term and Renewal: Duration of the agreement and conditions for renewal

6. Fees and Payments: Initial franchise fee, ongoing royalties, marketing contributions, and payment terms

7. Franchisor Obligations: Support, training, and assistance provided by the franchisor

8. Franchisee Obligations: Operational requirements, compliance with standards, and reporting obligations

9. Intellectual Property Rights: Use of trademarks, trade secrets, and other IP

10. Quality Control: Standards maintenance and inspection rights

11. Marketing and Advertising: Marketing requirements and advertising guidelines

12. Records and Audits: Record-keeping requirements and audit rights

13. Confidentiality: Protection of confidential information and trade secrets

14. Non-Competition: Restrictions during and after the agreement term

15. Transfer and Assignment: Rights and procedures for transfer of the franchise

16. Termination: Grounds and procedures for termination

17. Post-Termination Obligations: Obligations after agreement ends

18. Dispute Resolution: Process for resolving disputes

19. Governing Law: Applicable law and jurisdiction

20. General Provisions: Standard contractual provisions including notices, amendments, and severability

What sections are optional to include in a Franchise License Agreement?

1. Multi-Unit Development: Used when franchisee has rights to develop multiple units

2. E-commerce Rights: Include when online sales are part of the franchise model

3. International Operations: Required for cross-border franchise operations

4. Sub-Franchising Rights: Include when franchisee has right to grant sub-franchises

5. Equipment Leasing: Used when franchisor provides equipment to franchisee

6. Real Estate Requirements: Include detailed property requirements if location-specific

7. Supply Chain Obligations: Used when specific supplier relationships are mandatory

8. Data Protection: Include detailed data handling requirements if significant customer data is processed

9. Insurance Requirements: Detailed insurance obligations if beyond standard coverage

10. Employee Training Standards: Detailed staff training requirements for complex operations

What schedules should be included in a Franchise License Agreement?

1. Schedule 1 - Licensed Marks: Detailed list of trademarks and logos covered by the agreement

2. Schedule 2 - Territory Description: Detailed description or map of the franchised territory

3. Schedule 3 - Initial Fee Structure: Breakdown of all initial fees and payments

4. Schedule 4 - Operations Manual Summary: Key provisions of the operations manual

5. Schedule 5 - Initial Training Program: Details of required initial training

6. Schedule 6 - Approved Suppliers: List of approved suppliers and products

7. Schedule 7 - Standard Operating Procedures: Key operational requirements and standards

8. Schedule 8 - Reporting Requirements: Forms and schedules for required reports

9. Appendix A - Format of Financial Reports: Templates for required financial reporting

10. Appendix B - Quality Control Standards: Detailed quality control specifications

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

India

Document Type

Licensing Agreement

Sector

IP

Cost

Free to use

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