Agreement Template / December 6, 2018 / Daphne Pope
Assigning geographical boundaries: A franchise has to have a geographical boundary within which the franchisor should not establish another franchise. This goes in the interest of the franchisee to have that added from a Franchise agreement template in the final contract so that there are no competitors in your territory. Time period of the Agreement: This has to be defined with reference to your investment. With larger investment the time period of the agreement has to be proportionately more. Not settling on a time period could be disastrous. Royalties fee and total anticipated investment: The fee for getting the franchise royalty for using the trademark and brand name and the anticipated investment in the business have to be agreed upon in the agreement.
This is the business purpose. It could be because you and the other party are considering a business relationship or to evaluate a potential product or service. Whatever it is you want to clearly state this business purpose up front so its clear what the agreement is focusing on and why the parties are signing it. 2. Marking Requirement. This is definitely something to watch out for because it can get you into trouble quite easily. The marking requirement forces the party disclosing its confidential information to actually mark or stamp that information as confidential or describe it as such in a letter given to the receiving party. Unless you are in the habit of keeping close track of your confidential materials and stamping them with big bold letters youre probably going to fail to comply with a marking requirement and unknowingly give away your confidential information without any restriction on the receiving party from sharing it with the public or third parties.
Ultimately these exceptions provide a nice balance between the parties and make it easier to determine what is covered by the nondisclosure obligation and what is not. So if you are thinking about all of the provisions that should typically go into a comprehensive confidentiality agreement template make sure you nail the business purpose marking requirement description and exceptions issues. These are the provisions that are most heavily discussed and negotiated in this kind of contract so business people should be knowledgeable about them and able to take a firm stand on each issue. No matter what type of business you are in there is always going to be some information that does not need to be made public as it can harm either the company or your clients.