ICC Model International Franchising Contract

The ICC Model International Franchising Contract, which applies to all international direct franchise agreements governing the distribution of goods or provision of services, overcomes the difficulties caused by a lack of uniform international rules on this important subject. This contract contains commentary and explanation and brings harmony to a field of growing commercial importance.

 

Developed to provide franchisers and franchisees with a framework agreement in which their rights and responsibilities can be protected, the contract:

• takes into account the most commonly used clauses in franchise agreements.
• suggests alternative clauses where no single solution is possible.
• allows the parties to insert their own requirements on certain points.
• provides annexes which the parties to insert their own requirements on certain points.
• provides a system to resolve disputes, and
• includes a detailed commentary explaining the various provisions. 

As with other contracts in the series, the ICC Model International Franchising Contract is simple to use.  The special conditions are printed on detachable pages, with boxes clearly indicating the various options.  A diskette is also included with the book, containing an electronic file of specific conditions, which can be modified and adapted to suit your needs.  The file is saved in several versions.

Table of Contents 

Foreword

Part I:  Introduction

1. A uniform model for international trade
2. Precautions for use of the model form
3. Scope of application
4. Reasons for franchising
5. Scope of the contract
6. Applicable law
7. Recourse to arbitration

Part II: ICC Model International Franchising Contract with commentary

1. General Provisions
2. Know-how
3. Improvements
4. Trade names, trade marks and patents
5. Assistance
6. Supply of Products
7. Franchise fees/Financial reporting
8. Confidentialit
9. Insurance
10. Transfer of the Agreement
11. Force majeure
12. Termination
13. Miscellaneous

Part III: ICC Model International Franchising Contract

Annex: Examples of pre-sale disclosure requirements