The franchise is a method of collaboration between on the one hand, a company, the franchisor, and on the other hand one or more companies, the franchisees. Its purpose is to exploit a franchise concept developed by the franchisor.
The Concept comprises three elements.
Customer Service Rally Signs
- The franchisor guarantees to the franchisee the enjoyment of signs of rallying of the customers placed at his disposal.
In particular, it must guarantee the validity of its rights in the brand (s), and / or signs, the use of which is conferred for any reason whatsoever on the franchisee.
- The franchisor maintains and develops the brand image.
- The franchisor shall ensure that the franchisees comply with the regulations governing the use of the brand or sign and other signs of rallying made available to them by contract.
- At the end of the contract, the franchisor will make sure that the former franchisee does not use the signs of rallying the clientele. In case of exclusivity of the use of the mark in a given territory, the franchisor specifies the terms: object, scope.
- The franchisor guarantees the franchisee the enjoyment of the know-how he maintains and develops.
- The franchisor, with appropriate information and training, passes it on to the franchisee and controls its application and respect.
- The franchisor encourages the feedback of information from franchisees to improve the know-how.
- In the pre-contractual, contractual and post-contractual period, the franchisor prevents any use and transmission of know-how, in particular with regard to competing networks, which may be prejudicial to the franchise network.
The Collection of Products, Services and / or Technologies
- The franchisor provides the franchisee with a range of products, services and / or technologies that he has designed, developed, approved or acquired.
- The exclusivity reserved to the franchisee, if it exists, is clearly specified in terms of purpose and scope.
- The franchisor ensures by any means that the collection of products and / or services offered to the consumer is in conformity with the brand image and this by means of an exclusive purchasing clause for systems that would justify it, in particular when the products bear the mark of the franchisor.
The Four Actors of the Franchise
The Franchisor is an Independent Entrepreneur, Physical Person or Morale holder of the rights on the signs of rallying of the customers among which is necessarily a sign and / or protected mark, the rights having to be of a duration at least equal to the duration a contract offering a set of products, services and / or technologies that has successfully developed and operated an original concept in one or more pilot units.