Franchise Agreement Research Articles

Wait, cities can do what? Achieving city energy goals through franchise agreements

A growing number of municipalities have developed clean energy goals and policies to reduce their carbon emissions among other objectives. One emerging pathway municipalities have used to achieve clean energy goals is through including these objectives in electric franchise agreements. An electric franchise agreement is a negotiated contract between a municipality and an electric service provider which among other stipulations grants the utility the right to serve customers in the municipality's jurisdiction. This is the first nationwide assessment of the municipal opportunity to pursue franchise agreements with electric service providers, along with the potential impact of these agreements on achieving clean energy goals. We conclude that municipalities across at least 30 states have the authority to pursue franchise agreements. Our bounding scenarios suggest widespread deployment of renewable energy via franchise-driven partnerships could result in 164 – 911 TW h of renewable energy potentially serving 15.8 – 87.7 million households. Though there is immense opportunity to leverage franchise agreements to achieve renewable energy objectives, future deployment will be dependent on the negotiations between an electric service provider and individual municipalities.

The Adequacy of Current Laws Governing Franchise Agreement in Jordan

Purpose: This study examines the current laws and regulations governing franchise business in Jordan. The paper focuses on whether the current laws and regulations governing franchise agreement in Jordan is sufficient to govern the franchise agreement. Design/methodology/approach: This study is qualitative. Eleven in-depth semi-structured interviews were conducted with the relevant parties involved in franchise agreements as well as legislatures. The analysis was thematically conducted and accordingly supported by sufficient excerpts. Findings: The paper concludes that the existing laws governing franchise in Jordan are insufficient and fail to address comprehensively the legal aspects of franchise. Thus, there is a dire need for specific legal framework to govern franchise business in Jordan. Research limitations: The research participants were franchisors, franchisees and parliamentarians in Jordan. Additionally, the data collection constrained by funds paucity and difficulties in securing appointments with the participants who were always busy and not available. Two of the participant answered the interview questions by filling up the questions instead of face to face and recorded interview. Practical implications: The study suggests that the law in Jordan need to be developed and the franchise agreement need to be more specific and limited to certain provisions which should be provided by specific act for this purpose. Originality/value: Even though franchise agreement literatures are aplenty, this study, however, is the first attempt at qualitatively exploring in-depth the sufficiency of the law governing franchise agreement in Jordan. Paper type: Research Paper Keywords: China insurance industry, Foreign fund, Challenge DOI: 10.7176/JLPG/100-11 Publication date: August 31 st 2020

Development of Contract Law Rules in the Field of Blockchain Technology

The paper analyzes the most common models of contractual regulation of private relations with the use of blockchain technologies. The author scrutinizes the jurisprudence of the United States as a country leading in the field of implementation of the contractual models of creation, financing, development of blockchain projects. In particular the paper characterizes ICO as a model for raising funds for the creation of blockchain projects, analyzes approaches to the definition of blockchain tokens, generalizes powers of bodies carrying out control and supervisory functions in the field of financial legislation. The author explains the essence of the simple agreement for future tokens (SAFT) as one of the promising models of legal registration of an investment transaction using blockchain technology. Using comparative-legal, formal-legal, formal-logical methods, the author comes to the conclusion about the possibility of adapting advanced contractual constructions to contractual relations regulation using blockchain technologies in the Russian Federation. The paper proposes the ways of adapting traditional contractual structures, such as a license agreement and franchise agreement, in the context of the new economic opportunities of blockchain projects.

Transfer of Service Technologies under Franchise Agreement

Transfer of Service Technologies under Franchise Agreement

LEGAL PROTECTION IN FRANCHISE AGREEMENT: CASE STUDY DECISION NUMBER 493/Pdt/2018/PT.DKI

This study aims to determine the legal protection in a franchise agreement, how to resolve disputes in a franchise business, the implementation of a franchise business agreement and legal protection in payment of fees for my salon owners. The study was conducted at the MY Salon Center South Jakarta. The data analysis technique uses analysis, which is a method that describes or presents a fact or reality systematically with the approach method used is a normative juridical approach to test and study secondary data relating to research problems. The results showed that in implementing the franchise agreement both the franchisor and the franchisee must support each other to achieve a business that is progressing and developing, being open and exchanging information in establishing business relationships that are being run together. Both parties must carry out their agreed roles in the agreement to create a balance of rights and obligations for both parties. Disputes arise in the business franchise if one party violates the contents of the agreement the other party can sue the violating party following applicable law. Dispute resolution is a dispute resolution agency or dissent through a procedure agreed by the parties, namely settlement outside the court using consultation, negotiation, mediation, conciliation or expert judgment. Litigation and arbitration are adjudication processes while alternative dispute resolution is a consensus process.

Legal Regulation and Protections for the Parties in the Franchise Business Agreements in Indonesia

<p>In Indonesia doing business with the concept of franchising in various fields is currently very popular among the people. Doing business with the concept of franchising is desirable because in addition to being seen in terms of profits and various ease of doing business offered by the franchisor to the franchisee. Franchising is based on an agreement called a franchise agreement, but there are not a few legal problems that arise with the existence of the franchise agreement. Based on this, this research aims to find out the form of arrangement of the franchise agreement and legal protection for the parties in the franchise agreement. The normative juridical method is the method used in this study. This method is intended to analyze the legal materials related to the arrangements in the franchise agreement and legal protection for the parties in Indonesia. This study addresses the franchise business agreements including agreements that are not well-known or innocent and legal protection carried out further regulated in the Republic of Indonesia's Minister of Trade Regulation Number 53/M-DAG/PER/8/2012 regarding Franchising. The legal status of the parties in the franchise agreement in force in Indonesia is independent.</p>

Legal Nature of the Franchise Agreements

This study makes analysis of the franchise agreement and its specific characteristics based on the legal criteria drawn by the author. The main scientific thesis is that of the independence of the contract because of the special aspects of its subject matter and the parties’ specific rights and obligations.

Experienced Buyers, Long-Term Fee Contracts, and the Value of Property Transactions in the Hotel Industry

Hotel property sales have often been bundled with contracts, such as franchise agreements and management contracts. In these transactions, the seller/operator and the buyer/owner essentially entered into a long-term relationship. The present study accordingly proposed that such transactions could be viewed as a strategic alliance, rather than a one-time asset disposition. Specifically, it was hypothesized and confirmed that buyers’ experience in hotel investments could enhance the value of long-term fee contracts bundled with transactions. In addition to estimating the transaction premiums at the property level, the present study could contribute to the hospitality industry by demonstrating the value of specialist buyers in property sales bundled with contracts. For decision makers, the results suggested that buyer selection could be an important consideration in property sales bundled with contracts.

FRANCHISING'İN 50 YILI ÜZERİNE BİBLİYOMETRİK BİR İNCELEME

In this study, with the help of bibliometric analysis, studies on franchising in the Web of Science Core Collection database are examined and contributions to the literature are tried to be made for trends and new studies. For this purpose, the keyword “Franching” was scanned between 1975-2020 and 1437 articles were used in the analysis. Studies have been examined in terms of number of publications and citations, citation explosions, country and author collaborations by years. According to the results of the analysis; The bibliometric scientific mapping method was used to perform the analysis and the analyzes were performed with the Citespace II program. Studies; The distribution of publications by years, publication types, publication languages, number of author citations, distribution of publications by countries and country collaborations were examined. According to the results of the analysis, it was determined that the most publications were published in 2019 in the context of the number of publications. It was revealed that 75% of the article was published with the type of publication and the publications were mostly in English. English is followed by Spanish and Portuguese. In this regard, the countries with the highest number of publications are; USA, UK and Australia. The authors of the citations, which reached the highest rate with 2131 citations in 2018, were Perrigot R., Windsperger J., Dant R.P. determined to be. It is determined that the journals with the highest number of citations are Strategic Management Journal. During the last 5o years, the subject of Franchising; It was revealed that they had important connections with the themes of '' franchise agreement '', '' performance '' and '' organization form.’’

ДОГОВІР ФРАНЧАЙЗИНГУ ЗА ЗАКОНОДАВСТВОМ ЗАРУБІЖНИХ КРАЇН

The article is devoted to the topical issue of studying the foreign experience of legal regulation of the franchise agreement. The author emphasizes that there is no comprehensive full-fledged regulation of the franchise agreement either in the national legislation of individual EU member states or at the international level. The article focuses on the franchisor's obligation to enter into an agreement to provide future franchisees with information about doing business under the franchise system, including the basic conditions of the franchise, data on the number of franchisees in the network, its growth, financial performance, etc. The experience of legal regulation of a franchise agreement in such foreign countries as the USA, Great Britain, Italy, Germany, Spain, Estonia, Lithuania, Australia, etc. is considered. The duality of the legal regulation of franchising at the federal and local levels, as well as the prevalence of the most favorable rules for franchisors (USA) is demonstrated. The author focuses on the experience of the institute of self-regulation of franchising and the establishment of appropriate criteria for franchise companies in the absence of government regulation (Britain). The need to adopt a single institutional law in the field of franchising and to enshrine in it all the key terms used in franchising: the actual franchise agreement, know-how, entrance fee, royalties (periodic payments for the use of intellectual property), the franchisor's goods (Italy). It is expedient to establish a provision on mandatory pre-contractual disclosure of information, according to which the counterparty is provided with information on experience, company experience, prospects for the development of the relevant market, duration of the agreement, terms of renewal or termination of contractual relations (France).

Social franchising: a transitional solution for organisational growth of social entrepreneurial organisations

The aim of our study is to investigate factors influencing organisational growth of social entrepreneurial organisations in the context of social franchising. In particular, we examine whether and how the amount of a franchise fee and the degree of standardisation can enhance or hinder organisational growth. We use an exploratory qualitative research approach to take account of the entire context of social franchise relations. Our analysis is based on semi-structured interviews with social franchisors and social franchisees as well as an analysis of written social franchise agreements. We develop a theoretical framework showing two nonlinear relations: between the amount of the franchise fee and organisational growth and between the degree of standardisation and organisational growth. Overall, our results suggest that social franchising is only a transitional solution for social entrepreneurs in generating organisational growth.

Saudi Arabia: An Overview of its Commercial Franchise Law

As of 22 October 2019, the Kingdom of Saudi Arabia has published its Royal Decree No. M/22 dated 9/2/1441 (corresponding to 8 Oct 2019) for Law on Commercial Franchise System (CFL’19). If the Franchisor has made representations (or intends to make representations) to Franchisee, as to information on historical or anticipated financial performance of Franchise business owned by the Franchisor, then CFL’19 makes it mandatory for the Franchisor to include such information (on historical or anticipated financial performance) in the Disclosure Document - as required/specified under the Implementing Regulations of CFL’19. This article provides an overview of CFL’19, that aims for: (a) encouragement of franchise activities in KSA, (b) development of a legal framework to regulate relationship between Franchisor and Franchisee, (c) to afford certain protections to the Franchisee especially when a Franchise Agreement is terminated, (d) to ensure disclosure of rights, obligations and risks related to Franchise opportunities to assist prospective Franchisees in making informed investment decisions, and (e) to continuously improve the quality of goods and services offered in the Kingdom of Saudi Arabia.

Strategic technology adoption and entry deterrence in broadband

Abstract In this article, we examine the role of strategic investment in the US broadband industry. In particular, we provide evidence that cable incumbents adjust their investment strategy in response to fiber entry threat and that these deterrence strategies have been successful particularly in intermediate sized markets. We compile data on broadband deployment and exogenous franchise agreements for potential fiber entrants at the most local level in New York State. The results indicate that strategic cable investment may negatively affect optical fiber diffusion.

가맹업계의 갈등, 상생협력을 위한 방안은? (Conflicts in the Franchise Industry: How to Forge a Win-Win Partnership)

Korean Abstract: 국내 가맹시장의 모습이 건강해 보이지 않는다. 사업체들이 외식업에 지나치게 편중된 데다 직영점 운영 경험이 없는 본부들이 많아 개별 점포들이 성장하기 어려운 환경이다. 게다가 가맹 계약조건들은 본부와 사업자의 성과에 상반되는 영향을 미치며 업계 갈등의 불씨가 되고 있다. 정부는 정보공개서 항목을 정비하여 본부의 직영 경험과 가맹점 평균 매출액 정보가 명확하게 드러나도록 하고, 업계 논의를 통하여 정률형 로열티 계약을 확산시키며 필수 원부자재 가이드라인을 마련할 필요가 있다. 아울러 편중도가 높은 업종에 한하여 가맹사업 자격요건을 한시적으로 강화하는 방안을 고민해야 한다. English Abstract: Korea’s franchise market is wavering. Amid the heavy concentration of food service businesses and the high number of inexperienced franchisors, franchisees have had little opportunity to grow. Moreover, the terms and conditions of franchise agreements have become a source of contention due to their contradicting impact on the performances of franchisors and franchisees. Accordingly, government efforts are needed to overhaul information disclosure documents so that they accurately reflect the information and data on, for example, the franchisor’s experience and background, and the franchise store’s average sales figures, etc. At the same time, the fixed-percentage royalty should be promoted through discussions with respective industries and guidelines established for essential items. Actions must include exploring temporary measures to strengthen the qualifications for franchise businesses, particularly in sectors that show a high concentration of certain businesses.

Finding the parameters of a franchising agreement in the production sphere by methods of theory of hierarchical games

Finding the parameters of a franchising agreement in the production sphere by methods of theory of hierarchical games

LEGAL PROTECTION FOR RECIPIENTS OF FOREIGN FRANCHISE RIGHTS IN INDONESIA

Due to gobalization, world trade has increased tremendously. Franchising having surged as one of the many business models has the potential to improve the economy of the community. Basically, franchising refers to a method of goods and services distribution to consumers. The party who owns the method is referred to as the franchisor, while the party given the right to use a method the franchisee. This article examines the legal issues that arise in granting license rights from foreign franchisors to franchisees, and how the laws in Indonesia provide protection for the rights and obligations of the parties. The research employed the normative juridical method or library research. Normative legal research examines the law as a positive norm as it is written in the book. In accordance with Article 1320 and 1338 of the Indonesian Civil Code, arrangements of franchising agreement in Indonesia are based on the agreement between the parties. To provide legal protection for recipients foreign franchise in Indonesia, the government has enacted the Government Regulation No. 42/2007 on Franchise and Trade Minister Regulation No. 53/2007 on the Implementation of Franchising. In principle, the settlement of the problems that occur in international franchising agreement would be resolved by consultation or negotiation. If consensus is not reached, the parties can take the dispute to international arbitration. In general, the dispute over the franchise business concept is mostly resolved through the general justice institution.

Особенности исполнения информационных обязательств сторонами договора коммерческой концессии

Особенности исполнения информационных обязательств сторонами договора коммерческой концессии

ECONOMIC AND LEGAL ASPECTS OF THE FRANCHISE AGREEMENT IN THE UNITED KINGDOM

The purpose of the article is to study the economic and legal nature of the franchise agreement in the United Kingdom (UK). Since franchising in this country is well-established as a successful and highly-regarded growth model, it is advisable to identify the key economic and legal features of the franchise agreement, in which the parties specify their rights and obligations, the franchise price, the duration of the franchise relations, the procedure for performing calculations, etc. The subject of the study is a franchise agreement in the UK. Research methodology. The research is based on the use of general scientific and special-scientific methods and techniques of scientific knowledge. The dialectical method allowed us to investigate the definition of a franchise agreement in the UK and its key terms. The comparative legal method was used to compare doctrinal approaches to this issue. The statistical method was used to establish data that reflects the effectiveness of franchising activities. The method of system analysis helped to find out in which areas of economic activity franchising is most demanded. Interpretation of the content of the UK legal acts governing issues related to the conclusion of a franchise agreement in this country was realized with the help of the normative-dogmatic method. The system-structural method was used to study the franchise agreement in the UK as a single entity (system) with the coordinated functioning of all its elements. The methods of grouping and classifying formed the basis for separation the list of conditions which are necessary for concluding a franchise agreement in the UK, as well as the provisions that should be included in the content of this agreement. Methods of analysis and synthesis helped to study some parts of this agreement to formulate further conclusions. Practical application. The positive experience of the UK in regulating issues related to the conclusion of a franchise agreement can be used for making appropriate changes to the Ukrainian legislation. Correlation/ originality. This scientific work is the first research in Ukraine devoted not only to general issues of regulation of franchising activity in Europe but specifically to the franchise agreement in a separate country (in the UK) and its legal and economic peculiarities.

Legal Efforts To Protect Franchisees Against Termination Of Employment Agreements

The purpose of this study is to find out the legal efforts to protect franchisees against termination of employment agreements. The research method used is the dualism of normative-empirical legal research whereby research uses normative-empirical legal case studies in the form of legal behavioral products. The approach used is a juridical approach and analytical technique using qualitative analytical methods. The results showed that the form of legal protection against franchisees in agreements with franchisees is contained in the Regulation of the Minister of Trade Number: 12/MDAG/Per/3/2006, in Article 7 that the term of the franchise agreement (franchising) is valid for at least 5 years. These terms provide legal protection to the franchisor as the franchisor, as such the franchisor cannot terminate the agreement at any time or at any time. It is necessary to immediately regulate regulations that directly or indirectly concern franchise business practices made in the form of legislation, such as the Antitrust or Antitrust Act and the current Business Competition Act.

Keberadaan Bisnis Waralaba Berkaitan Dengan HAKI yang Dimiliki Oleh Pihak Pemberi Waralaba Pada Umkm (Di Kota Yogyakarta)

One form of development and expansion of business by using the Franchise system, so rapidly growing supported business expanding increasingly varied. Business approach through Franchise system is one of the strategy of empowering SME to develop business and improve SME in the future. Based on the description of the above mentioned background, it can be formulated the following issues: how the Franchise business regulatory system in the aspect of the agreement / contract, how the form of legal protection terwaralaba and how the efforts undertaken by SMEs as perpetrators of the Franchise in resolving disputes arising from the implementation Franchise agreement In connection with the development and protection of SME business as stipulated through Law No.20 Year 2009 on Small Business which stated that the government intends to seek and empower SMEs in order to compete in facing free trade. The empowerment of MSMEs is done through Partnership program as outlined in PP No.44 of 1997. From the existing Franchise contract, we can see the role of Franchise in arrangement of agreement / contract on Franchise business. But in practice the arrangement of agreement arrangements is more dominant by Franchisors who override the interests of Franchise recipients.