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Franchise Agreement
I need a franchise agreement for a new franchisee in India, outlining the terms for a 5-year franchise term with an option to renew, including initial franchise fees, ongoing royalty payments, and detailed operational guidelines. The agreement should also cover territory rights, training support, and compliance with local regulations.
What is a Franchise Agreement?
A Franchise Agreement creates a legal partnership between a business owner (franchisor) who shares their brand, business model, and know-how with another party (franchisee) who pays fees to operate under that system. In India, these contracts must follow the Competition Act 2002 and specific industry guidelines from FEMA for international franchising.
The agreement spells out essential elements like royalty payments, territory rights, quality standards, and training requirements. It protects both parties by clearly defining their roles - the franchisor maintains brand control while the franchisee gets the right to use proven business methods, trademarks, and operating procedures within strict boundaries.
When should you use a Franchise Agreement?
Consider using a Franchise Agreement when expanding your successful business model through partners while maintaining brand control. This contract becomes essential before allowing others to operate under your name, especially in India's competitive retail, food service, and education sectors where franchising is growing rapidly.
The timing is crucial - implement this agreement before any franchise operations begin, but after developing clear operational procedures and training systems. Indian franchise regulations require specific disclosures about profitability, territory rights, and ongoing support, so having this agreement in place protects both parties and ensures compliance with local laws.
What are the different types of Franchise Agreement?
- Standard Franchise Agreement: Basic template covering essential terms, suitable for most single-unit franchise relationships
- Area Development Agreement Franchise: Specialized agreement for multi-unit development rights within specific territories
- Franchise Agreement And Franchise Disclosure Document: Comprehensive package including mandatory disclosures under Indian franchise regulations
- Franchisor Franchisee Agreement: Detailed version focusing on operational requirements and performance standards
- Franchise Contract Agreement: Simplified version for small-scale franchising operations with straightforward terms
Who should typically use a Franchise Agreement?
- Franchise Owners (Franchisors): Established businesses looking to expand through franchising, responsible for brand standards, training, and ongoing support
- Franchisees: Independent entrepreneurs investing in proven business models, must follow operational guidelines and pay fees
- Legal Counsel: Corporate lawyers who draft and review agreements to ensure compliance with Indian franchise laws and protect both parties' interests
- Business Development Teams: Handle franchise partner selection and negotiate territory rights
- Regulatory Bodies: Government authorities overseeing franchise operations under Competition Act and FEMA guidelines
How do you write a Franchise Agreement?
- Business Model Details: Document your operational procedures, training methods, and quality standards
- Financial Terms: Calculate initial franchise fees, ongoing royalties, and marketing contributions
- Territory Mapping: Define exclusive operational areas and expansion rights clearly
- Brand Guidelines: Compile trademark usage rules, marketing standards, and visual identity requirements
- Compliance Checklist: Our platform ensures your agreement meets Indian franchise regulations and includes mandatory disclosures
- Support Structure: Detail training programs, ongoing assistance, and supply chain arrangements
- Exit Strategy: Plan termination conditions, renewal terms, and transfer rights
What should be included in a Franchise Agreement?
- Party Details: Complete identification of franchisor and franchisee, including registered addresses and business structures
- Rights Grant: Clear definition of licensed trademarks, territory limits, and operational scope
- Financial Terms: Initial fees, recurring royalties, marketing contributions, and payment schedules
- Quality Control: Operating standards, inspection rights, and compliance requirements
- Term and Renewal: Duration, renewal conditions, and termination rights
- Training Provisions: Initial and ongoing training commitments, support services
- Non-Compete Clauses: Restrictions during and after agreement term
- Dispute Resolution: Arbitration procedures under Indian law, jurisdiction details
What's the difference between a Franchise Agreement and a Business Acquisition Agreement?
A Franchise Agreement differs significantly from a Business Acquisition Agreement. While both involve business expansion, their core purposes and structures are fundamentally different under Indian law.
- Ownership Structure: Franchise Agreements maintain separate ownership with ongoing partnership, while Business Acquisition Agreements transfer complete ownership and control
- Duration and Relationship: Franchising creates long-term collaborative relationships with continuing obligations; acquisitions are one-time transactions
- Brand Control: Franchisors retain strict control over brand usage and operations; acquired businesses can be fully rebranded or modified
- Financial Structure: Franchises involve recurring royalties and fees; acquisitions typically require one-time purchase payments
- Operational Independence: Franchisees must follow strict operational guidelines; acquired businesses can be operated independently after purchase
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