Franchise Agreement Online in India - Overview
A legal, binding agreement between the Franchisee and the Franchisor is known as a Franchise agreement. The purpose of a franchise development agreement is to provide the franchisee with the right and power to utilize the franchisor’s system and proprietorship brands to operate a franchised business. To make it more clear, it is a legal contract in which a well-established business or brand or company decides to offer its brand, functional model and other needed support to thief or external party and it is named as a franchisee.
The franchisor permits the franchisee to run the same type of business in exchange for a fee amount and share in the profit generated in such of business. This agreement holds all the professional and legal rules and regulations and terms and conditions by which both the business parties will share in their incumbency.
Franchise agreement online in India helps the franchisee and franchisor to maintain a cordial relationship between them. The agreement has the name of the brand, the time period of the franchise conditions, and details of the amount of the fee, clauses that address with the penal provision, cancellation and compensation of the franchise. The franchising industry is experiencing energetic growth and development in India.
Inclusion of Franchise Agreement Online in India
Franchise Agreement is a legal document that defines the roles and responsibilities, terms and condition between both franchisor and franchisee. It is mandatory to go through the Franchise Disclosure Document (FDD) before contracting the franchise agreement.
FDD is a document which mentions even the exact minute details of the franchise agreement. It describes what one can look from the settlement, states the name of the franchisor and franchisee, the sort of franchise which is being bought, complete details in relation to past performance of the franchisor with any other project, the region, promotional and marketing strategies and the kind of guidance and help that a franchisee may provide to grow and develop the business.
Franchise Agreement acts as legal proof of a broad deal between two different parties. It contains all the needed details such as franchisee’s commitments, judicial proceedings fundamental expenses, income claims and so on. By clearly understanding this document, you can gain a good knowledge of the financial status of that particular brand or business.
Types of a Franchise Agreement in India
- Single Unit Franchise Agreement
This is the most common and traditional form of franchising. This type of agreement grants the rights and regulations regarding the starting of the franchise. It also describes the complete operations of the franchise. Even though franchisees have to invest their own capital amount and use their business managerial skills and marketing strategies to grow their business.
- Multi-Unit Franchise Agreement
In this type of franchise disclosure agreement, the franchisor has complete right to grant more than one business unit to the franchisee, in laymen term, this agreement allows the franchisee to operate and establish more than one franchise unit. But it is necessary for the multi-unit franchise to should have smart financial capacity and potential which acts as an important asset for the growth of the business.
- Master Franchise Agreement
Master Franchise Agreement is an agreement in which franchisor offers the power to a specific region, country or continent, therefore authorizing the master franchisee to grant a full range of services and products of the franchisor. Furthermore, the master franchisee also holds the right to enrol other franchisees. In this method, the master franchisee turns into a franchisor to those franchisees who take the franchise purchase agreement through its master franchise.
Elements of Franchise Agreement in India
- A Draft Of The Relationship
A Franchise agreement includes the name of the two parties who are involved in the agreement, possession of the intellectual property. The agreement also explains the duties of the franchisee to operates its business under the standards furnished by the franchisor.
- Duration Of The Agreement
This clause states the time period of the franchisor-franchisee relationship or duration of the deal. Initially, the franchise license fee is required to pay an initial amount of fee legally to become a part of the deal which is followed in future to continue the agreement and to maintain their position.
- Location And Territory
The Franchise Agreement also includes the details of the location and territory apportioned to its franchise. Even though, the place allocated is not the same in each agreement. Franchise agreement determines two types of territories:
- Exclusive Territory
- Non-exclusive Territory
- Exclusive Territory
Only one franchise is allotted in an exclusive territory and the franchisor does not have the power to operate more than one franchise in that particular location. The territory allotted will remain sole to that particular franchise only.
- Non-Exclusive Territory
In this type, the franchisor has the power to operate more than one franchise unit in that particular place.
- Use Of Intellectual Property
Trademarks, manuals and patents are also the part of the agreement and it is offered by the franchisor to their franchisee. The agreement also explains the required use of their trademarks, manuals and patents.
- Advertising
Franchisors mention clearly about the efforts to be put in for marketing and advertising the brand to the franchisees
- Insurance
All type of license and franchise requires the franchise to get insurance so that they can address the functions and operations of their business.
- Training
This part of the agreement explains about the training offered by the franchisor that includes seminars, meetings, and so on and the franchisor will request the franchisee to attend it without fail.
Advantages of the Franchise Agreement
- Business Privilege:
A franchise agreement provides you with the full power to access their trademarked business logo, their products as yours and all kinds of marketing strategies and expert advice and guidance that a franchise can offer you. Franchise purchase agreement legally permits you to use a known branded business name and logo as part of the business model.
- Control Of The Brand:
Once legally committed to the agreement the franchiser should able to describe the terms and conditions concerning the usage of the brand, penalty to be enforced and terms and conditions to be followed.
Points to Check before Signing the Franchise Agreement Online in India
- Domain Guidelines:
Specific Location is allocated where the franchisee can work jointly.
- Charges Payable To The Franchisor:
This includes collected investment, franchise fee amount, and details related to when the prominences are to be paid.
- Service Provided By The Franchisor:
This includes the required training, promoting and marketing duties, and the products and services offered by the franchise to the end-users.
- Renewal Of Agreement:
The particular time period of the company franchise agreement is stated that contains the complete information related to the renewal of the agreement.
- Publicizing And Promotions
The franchisor should provide the content, appearance, and recurrence of publicizing implemented by the franchisee.
- Transfer Rights
Franchisors ordinarily maintain whatever assurance is required to endorse the terms and conditions of any exchange and the transfer. Similarly, franchisors have the full right and privilege of the first refusal or to continue the franchise.
Key Laws governing Franchise Agreement in India
- The Indian Contract Act, 1872
This act specifies the law regarding the basic aspects of the franchise lease agreement between both the parties (franchisor and the franchisee).
- The Competition Act,2002
This act specifies that any arrangement in regards to production, acquisition, distribution, control or supply of goods which may happen to induce any adverse effect on the contention within the country is prohibited as per this Act.
- Consumer Protection Act, 1996
This Act is developed keeping the interest of consumers in mind. This act has afforded the right and power to the consumers to file a complaint against both the franchisor and the franchisee. In case, if any flaw found in the product or service provided can entertain the right to file a complaint against the business unit. Consumer Protection Act defends and protects consumers from unjust business practices.
- The Foreign Exchange Management Act, 1999
This act comes into action when there are foreign assets and foreign currency are included in the business. International brands such as Reebok, Nike, KFC, checks and manages their franchise in India under this Act. The Indian government is ad-libbing the laws in such a way to help the international brands in opening and operating their terms of franchise agreement in India.
Frequently Asked Questions
What is the Franchise Agreement?
A legal, binding agreement between the Franchisee and the Franchisor is known as a Franchise agreement. The purpose of a franchise agreement is to provide the franchisee with the right and power to utilize the franchisor’s system and proprietorship brands to operate a franchised business.What is the function of the Franchise Agreement?
The purpose of a franchise agreement is to provide the franchisee with the right and power to utilize the franchisor’s system and proprietorship brands to operate a franchised business. To make it more clear, it is a legal contract in which a well-established business or brand or company decides to offer its brand, functional model and other needed support to thief or external party and it is named as a franchisee.What is mean by franchising?
Franchising is a method of marketing and distributing products or services. There are two levels of business parties are involved in a franchise system: (1) the franchisor, who offer his trademark or brand name and a business model; and (2) the franchisee, who uses the trademark or brand name with a royalty and initial fee to obtain the right to do business under the franchisor's name and business system.What are the benefits of franchise ownership?
Business Privilege: A franchise agreement provides you with the full power to access their trademarked business logo, their products as yours and all kinds of marketing strategies and expert advice and guidance that a franchise can offer you. Franchise agreement legally permits you to use a known branded business name and logo as part of the business model. Control of the Brand: Once legally committed to the agreement the franchisor should be able to describe the terms and conditions concerning the usage of the brand, penalty to be enforced and terms and conditions to be followed.What role Consumer Protection Act, 1996 plays?
This Act is developed keeping the interest of consumers in mind. This act has afforded the right and power to the consumers to file a complaint against both the franchisor and the franchisee. In case, if any flaw found in the product or service provided can entertain the right to file a complaint against the business unit. Consumer Protection Act defends and protects consumers from unjust business practices.What type of opportunities can I explore?
Before deciding anything, it is always better to go for research on a wide variety of national and international franchise opportunities, dealerships, agencies, distributorships and existent franchises on sale.What is the Master Franchise Agreement?
Master Franchise Agreement is an agreement in which franchisor offers the power to a specific region, country or continent, therefore authorizing the master franchisee to grant a full range of services and products of the franchisor. Furthermore, the master franchisee also holds the right to enrol other franchisees. In this method, the master franchisee turns into a franchisor to those franchisees who take the franchise through its master franchise.What makes Us Different

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