ICC Model Contract International Franchising

No. #839E-1

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Designed by the International Chamber of Commerce (ICC) for non-specialists who are seeking an adaptable contractual framework, the ICC Model Contract International Franchising covers distribution franchise arrangements.

It helps franchisors and franchisees across a range of industries overcome difficulties caused by the lack of uniform international rules, by providing guidance on anti-trust rules and questions of laws applicable to franchises, among others. A commentary offers alternative drafting solutions adapted to more specific needs and identifies potential pitfalls.

Each ICC Model Contract includes a fully editable version in Microsoft Word, permitting you to easily adapt the contract to your specific case.

Foreword

Introduction

1. Article 1: Definitions

2. Article 2: Good faith and fair dealing

3. Article 3: Grant of the franchise

4. Article 4: Scope of the agreement - main obligations of the parties

5. Article 5: Legal status of the Franchisee

6. Article 6: Premises

7. Article 7: Territorial exclusivity

8. Article 8: Use of the Internet

9. Article 9: Non-competition obligation

10. Article 10: Provision of Know-how

11. Article 11: Manual 29

12. Article 12: Changes to the System

13. Article 13: Training of the Franchisee

14. Article 14: Assistance of the Franchisee

15. Article 15: Operation of the Business

16. Article 16: Advertising

17. Article 17: Obligation of confidentiality

18. Article 18: Obligation to maintain an insurance policy

19. Article 19: Franchisor’s representations and obligations regarding IP Rights

20. Article 20: Franchisee’s representations and obligations regarding IP Rights

21. Article 21: Franchisor’s obligations regarding the supply of the Products

22. Article 22: Franchisee’s obligations regarding the resale of the Products

23. Article 23: Fees

24. Article 24: Terms of payment and security

25. Article 25: Term and renewal

26. Article 26: Grounds for immediate termination

27. Article 27: Effects/obligations upon termination

28. Article 28: No goodwill indemnity

29. Article 29: Transfer of the Contract by the Franchisor

30. Article 30: Transfer of the Contract by the Franchisee

31. Article 31: Applicable law

32. Article 32: Resolution of disputes

33. Article 33: Final clauses

Annex 1: IP Rights

Annex 2: Premises

Annex 3: Products

Annex 4: Territory

Annex 5: Initial Training

Annex 6: Index

Annex 7: General conditions of sale

Annex 8: Summary of the Manual

Annex 9: Minimum sales requirements

Appendix I: ICC Force Majeure Clause 2003

Appendix II:Unidroit Principles 2004

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