The Restaurant Licensing Agreement is a crucial document used when a restaurant brand owner wishes to expand their business by allowing other operators to use their concept, trademark, and operational systems in New Zealand. This agreement type is particularly relevant in the New Zealand market where food safety regulations, local council requirements, and consumer protection laws create a unique regulatory environment. The document establishes the commercial relationship between the licensor and licensee, covering essential aspects such as licensing fees, operational standards, training requirements, and compliance obligations. It differs from a franchise agreement in that it typically offers more flexibility and fewer ongoing obligations while still maintaining brand consistency and quality standards. The agreement must comply with New Zealand legislation including the Food Act 2014, Fair Trading Act 1986, and relevant local government regulations.
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1. Parties: Identification of the Licensor and Licensee, including full legal names and addresses
2. Background: Context of the agreement, including brief description of the restaurant concept and licensing arrangement
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Scope of the license granted, including territory, exclusivity terms, and permitted use
5. Term and Renewal: Duration of the agreement and conditions for renewal
6. License Fees and Payments: Financial terms including initial fees, ongoing royalties, and payment terms
7. Operating Standards: Required operational standards, including quality control, food safety, and brand compliance
8. Training Requirements: Initial and ongoing training obligations for staff
9. Intellectual Property: Protection and usage of trademarks, trade secrets, and other IP
10. Marketing and Advertising: Marketing obligations and standards, including local advertising requirements
11. Reporting and Inspections: Financial reporting requirements and right to inspect premises
12. Insurance and Indemnity: Required insurance coverage and indemnification provisions
13. Default and Termination: Events of default, remedies, and termination procedures
14. Post-Termination Obligations: Obligations of parties after agreement ends
15. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Supply Chain Requirements: Required when Licensor mandates specific suppliers or supply chain arrangements
2. Equipment and Fit-out: Include when Licensor provides specific requirements for restaurant equipment and design
3. Development Schedule: Required for multi-unit development rights or specific opening timeline requirements
4. Technology and Systems: Include when specific POS or other technology systems are mandated
5. Alcohol Service Requirements: Include when alcohol service is part of the licensed concept
6. Sub-Licensing Rights: Include when Licensee is granted rights to sub-license
7. Territory Protection: Include when specific territorial rights or protections are granted
8. Environmental Standards: Include when specific environmental or sustainability requirements are imposed
1. Schedule 1: Licensed Marks: Detailed list of licensed trademarks and logos
2. Schedule 2: Licensed Territory: Detailed description of licensed territory including maps if applicable
3. Schedule 3: Operating Manual: Reference to or summary of key operational requirements
4. Schedule 4: Fee Schedule: Detailed breakdown of all fees, royalties and payment terms
5. Schedule 5: Menu Items: Required menu items and specifications
6. Schedule 6: Training Program: Detailed training requirements and programs
7. Schedule 7: Fit-out Specifications: Design and equipment specifications
8. Schedule 8: Reporting Requirements: Forms and templates for required operational and financial reporting
Relevant legal definitions
Clauses
Relevant Industries
Food & Beverage
Hospitality
Restaurant Industry
Franchise & Licensing
Food Service
Retail
Hospitality Management
Commercial Property
Food Manufacturing
Relevant Teams
Legal
Operations
Commercial
Finance
Compliance
Brand Management
Business Development
Property
Quality Assurance
Food Safety
Marketing
Relevant Roles
Restaurant Owner
Business Development Manager
Legal Counsel
Operations Director
Food Safety Manager
Brand Manager
Commercial Director
Licensing Manager
Chief Executive Officer
Chief Operating Officer
Compliance Officer
Property Manager
Restaurant Manager
Finance Director
Quality Assurance Manager
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