The Master Franchise Agreement is a crucial document used when a franchise brand wishes to expand its operations in the Philippines through a master franchisee structure. This agreement type is particularly relevant for international franchisors entering the Philippine market or domestic franchisors implementing a regional expansion strategy. The document must comply with Philippine franchise regulations, particularly DTI Administrative Order No. 8, while addressing key aspects such as territory rights, development schedules, and sub-franchising arrangements. It typically includes comprehensive provisions for intellectual property protection, quality control measures, training requirements, and financial obligations, all adapted to the Philippine legal and business environment. The Master Franchise Agreement serves as the foundational document for all subsequent sub-franchise relationships within the designated territory and must therefore anticipate and address various operational, legal, and commercial scenarios that may arise during the franchise relationship.
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1. Parties: Identification of the Franchisor and Master Franchisee, including complete legal names and addresses
2. Background: Context of the agreement, description of the business concept, and brief history of the franchise system
3. Definitions: Comprehensive definitions of terms used throughout the agreement
4. Grant of Rights: Scope of master franchise rights, territory definition, and exclusivity provisions
5. Term and Renewal: Duration of the agreement and conditions for renewal
6. Fees and Payments: Initial fees, ongoing royalties, development fees, and payment terms
7. Obligations of the Franchisor: Support, training, and assistance to be provided by the franchisor
8. Obligations of the Master Franchisee: Development schedule, operational requirements, and performance standards
9. Sub-Franchising Rights and Obligations: Terms and conditions for granting sub-franchises
10. Intellectual Property Rights: Usage of trademarks, patents, and other IP, including protection measures
11. Quality Control and Standards: Maintenance of brand standards and quality assurance requirements
12. Training and Support: Initial and ongoing training requirements and support services
13. Marketing and Advertising: Marketing obligations, advertising funds, and promotional requirements
14. Records and Reporting: Financial reporting requirements and record-keeping obligations
15. Confidentiality: Protection of confidential information and trade secrets
16. Non-Competition: Restrictions during and after the term of the agreement
17. Transfer and Assignment: Conditions for transfer of rights and change of ownership
18. Termination: Grounds for termination and termination procedures
19. Post-Termination Obligations: Obligations and restrictions after agreement ends
20. Governing Law and Dispute Resolution: Choice of law, jurisdiction, and dispute resolution mechanisms
21. General Provisions: Standard boilerplate clauses including force majeure, notices, and amendments
1. Development Schedule: Specific timeline for territory development, used when rapid expansion is planned
2. E-commerce Rights: Online sales and digital platform regulations, included when digital commerce is relevant
3. Supply Chain Requirements: Mandatory supplier relationships and procurement procedures, used when specific suppliers are crucial
4. Technical Support: IT systems and technical infrastructure requirements, included for technology-dependent franchises
5. Insurance Requirements: Detailed insurance obligations, included when specific coverage is crucial
6. Environmental Compliance: Environmental standards and requirements, included for environmentally sensitive businesses
7. COVID-19 Provisions: Specific provisions related to pandemic response, included if relevant to the business
8. Local Regulatory Compliance: Specific provisions for Philippine regulatory requirements, included based on industry
1. Schedule 1 - Territory Definition: Detailed description and/or maps of the granted territory
2. Schedule 2 - Initial Fees and Ongoing Payments: Detailed breakdown of all financial obligations
3. Schedule 3 - Brand Standards Manual: Operating procedures and brand standards
4. Schedule 4 - Trademark Registry: List of registered trademarks and intellectual property
5. Schedule 5 - Training Programs: Details of required training programs and schedules
6. Schedule 6 - Development Schedule: Timeline for opening sub-franchised units
7. Schedule 7 - Approved Suppliers: List of approved suppliers and products
8. Schedule 8 - Sub-Franchise Agreement Template: Standard form of sub-franchise agreement
9. Schedule 9 - Technical Specifications: Equipment and system specifications
10. Appendix A - Financial Reports Format: Required format for financial reporting
11. Appendix B - Quality Control Checklist: Standard quality control procedures and checks
12. Appendix C - Marketing Guidelines: Approved marketing materials and guidelines
Relevant legal definitions
Clauses
Relevant Industries
Food and Beverage
Retail
Healthcare and Wellness
Education and Training
Hospitality
Personal Services
Automotive Services
Real Estate
Technology and Software
Fashion and Apparel
Entertainment and Recreation
Professional Services
Home Services
Fitness and Sports
Relevant Teams
Legal
Operations
Business Development
Finance
Compliance
Brand Management
Training and Development
Quality Assurance
International Business
Commercial
Intellectual Property
Risk Management
Relevant Roles
Chief Executive Officer
Chief Operating Officer
Franchise Development Director
Legal Counsel
Business Development Manager
Operations Director
Compliance Officer
Commercial Director
Territory Development Manager
Training Manager
Brand Manager
Finance Director
Intellectual Property Manager
Quality Assurance Manager
International Operations Manager
Franchise Relations Manager
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