Contoh Akta Perjanjian Franchise dalam Bahasa Inggris Amerika Baku
FRANCHISE AGREEMENT
THIS FRANCHISE AGREEMENT (this "Agreement") is made and entered into this [Date] by and between:
Franchisor: [Franchisor Name], a [State of Formation] corporation with its principal place of business at [Franchisor Address] ("Franchisor").
Franchisee: [Franchisee Name], a [State of Formation] corporation with its principal place of business at [Franchisee Address] ("Franchisee").
RECITALS
WHEREAS, Franchisor is the owner of a unique and proprietary business system and trademarks, service marks, trade names, and other intellectual property (collectively, the "Franchisor’s Intellectual Property") used in connection with the operation of its [Business Name] franchise system (the "Franchise System");
WHEREAS, Franchisee desires to obtain a franchise from Franchisor to operate a [Business Name] franchise (the "Franchise") in accordance with the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows:
ARTICLE 1. GRANT OF FRANCHISE
1.1 Grant of Franchise. Franchisor hereby grants to Franchisee, and Franchisee hereby accepts, a non-exclusive, non-transferable franchise to operate a Franchise in the territory (the "Territory") described in Exhibit A attached hereto.
1.2 Term of Franchise. The term of this Agreement shall commence on the Effective Date (as defined below) and shall continue for a period of [Number] years, unless sooner terminated in accordance with the terms of this Agreement.
ARTICLE 2. FRANCHISEE’S OBLIGATIONS
2.1 Operation of Franchise. Franchisee shall operate the Franchise in accordance with the Franchisor’s Operating Manual and all other policies and procedures established by Franchisor from time to time.
2.2 Use of Franchisor’s Intellectual Property. Franchisee shall have the right to use the Franchisor’s Intellectual Property in connection with the operation of the Franchise, subject to the terms and conditions of this Agreement.
2.3 Payment of Fees. Franchisee shall pay to Franchisor the following fees:
(a) Initial Franchise Fee: A one-time, non-refundable initial franchise fee in the amount of [Amount].
(b) Royalty Fee: A monthly royalty fee equal to [Percentage]% of Franchisee’s gross sales.
(c) Advertising Fee: A monthly advertising fee in the amount of [Amount].
2.4 Compliance with Laws. Franchisee shall comply with all applicable laws, regulations, and ordinances in the operation of the Franchise.
2.5 Insurance. Franchisee shall maintain adequate insurance coverage, as specified by Franchisor, to protect against any claims or liabilities arising out of the operation of the Franchise.
ARTICLE 3. FRANCHISOR’S OBLIGATIONS
3.1 Training and Support. Franchisor shall provide Franchisee with initial and ongoing training and support in the operation of the Franchise.
3.2 Marketing and Advertising. Franchisor shall conduct national and regional marketing and advertising campaigns to promote the Franchise System.
3.3 Product Development. Franchisor shall continue to develop and improve the Franchise System, including the products and services offered by Franchisees.
ARTICLE 4. TERMINATION
4.1 Termination by Franchisor. Franchisor may terminate this Agreement for cause, including but not limited to:
(a) Franchisee’s material breach of any provision of this Agreement;
(b) Franchisee’s failure to cure any breach within [Number] days after written notice from Franchisor;
(c) Franchisee’s insolvency or bankruptcy;
(d) Franchisee’s conviction of a felony or other crime involving moral turpitude.
4.2 Termination by Franchisee. Franchisee may terminate this Agreement without cause by providing Franchisor with [Number] days’ prior written notice.
ARTICLE 5. POST-TERMINATION OBLIGATIONS
5.1 Return of Franchisor’s Property. Upon termination of this Agreement, Franchisee shall immediately return to Franchisor all of Franchisor’s property, including but not limited to the Franchisor’s Intellectual Property.
5.2 Non-Competition. For a period of [Number] years after the termination of this Agreement, Franchisee shall not engage in any business that competes with the Franchise System within the Territory.
ARTICLE 6. MISCELLANEOUS
6.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of [State].
6.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, and representations, whether written or oral.
6.3 Amendment. This Agreement may be amended only by a written instrument signed by both parties.
6.4 Assignment. This Agreement may not be assigned by either party without the prior written consent of the other party.
6.5 Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above.
FRANCHISOR:
[Franchisor Name]
By: [Authorized Signatory]
