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Assignment Of Franchise Agreement Template for England and Wales

An Assignment of Franchise Agreement is a legal document governed by English and Welsh law that facilitates the transfer of franchise rights and obligations from an existing franchisee to a new franchisee. The document requires the explicit consent of the franchisor and includes provisions for the transfer of associated intellectual property rights, operational responsibilities, and commercial obligations. It ensures compliance with competition law, data protection regulations, and relevant sector-specific requirements while maintaining the integrity of the original franchise relationship.

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What is a Assignment Of Franchise Agreement?

An Assignment Of Franchise Agreement becomes necessary when a franchisee wishes to exit their franchise business by transferring it to another party. This document, governed by English and Welsh law, facilitates the legal transfer of rights, obligations, and responsibilities from the existing franchisee (assignor) to the new franchisee (assignee). It typically includes provisions for the transfer of intellectual property rights, operational protocols, customer data, and existing contracts, while ensuring compliance with competition laws and data protection regulations. The document requires explicit consent from the franchisor and often includes specific conditions for the transfer, such as training requirements and financial obligations.

What sections should be included in a Assignment Of Franchise Agreement?

1. Parties: Details of assignor, assignee, and original franchisor

2. Background: Context of original franchise agreement and reason for assignment

3. Definitions: Key terms including Original Agreement, Effective Date, Assigned Rights

4. Assignment: Core terms of the assignment including rights and obligations being transferred

5. Consent of Franchisor: Express consent to the assignment by the franchisor

6. Effective Date: When the assignment takes effect

7. Warranties and Representations: Statements about the franchise, its operation, and compliance

What sections are optional to include in a Assignment Of Franchise Agreement?

1. Training Requirements: Specific training requirements for the assignee when required by franchisor

2. Transfer Fee: Payment terms and conditions for the assignment when fees are applicable

3. Employee Transfer: TUPE provisions when employees are being transferred as part of the assignment

What schedules should be included in a Assignment Of Franchise Agreement?

1. Original Franchise Agreement: Copy of the agreement being assigned

2. Assets Schedule: List of physical assets being transferred

3. Financial Statement: Current financial position of the franchise

4. Due Diligence Report: Results of any due diligence investigations

5. Intellectual Property Register: List of IP rights being transferred

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

England and Wales

Publisher

Ƶ

Cost

Free to use

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