The Franchise Lease Agreement is utilized when a franchisor wishes to maintain control over both the franchise operation and the physical premises from which the franchise operates in Ireland. This integrated approach ensures consistent brand standards and operational control while managing property-related aspects of the business relationship. The document is particularly important in situations where location is crucial to the franchise's success and where the franchisor wants to maintain control over property aspects to protect brand integrity. It includes comprehensive provisions covering both property management and franchise operations, addressing everything from rent and maintenance to brand standards and operational requirements. The agreement must comply with Irish property law, commercial law, and standard franchise practices, while also considering any specific requirements of the franchise system and property location.
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1. Parties: Identification of the Franchisor/Landlord and Franchisee/Tenant, including full legal names and registered addresses
2. Background: Context of the agreement, including brief description of the franchise system and property
3. Definitions: Detailed definitions of terms used throughout the agreement, including both lease and franchise-specific terminology
4. Grant of Lease and Franchise: Combined grant of lease and franchise rights, specifying the premises and franchise territory
5. Term and Renewal: Duration of both lease and franchise agreement, renewal conditions and procedures
6. Rent and Franchise Fees: Detailed payment terms including base rent, percentage rent, franchise royalties, and marketing contributions
7. Use of Premises: Permitted use of premises and franchise-specific requirements for operation
8. Maintenance and Repairs: Responsibilities for property maintenance, repairs, and franchise standard compliance
9. Insurance and Indemnity: Required insurance coverage and indemnification obligations
10. Intellectual Property: Use of franchise trademarks, trade dress, and system within the premises
11. Operating Standards: Required compliance with franchise system standards and property management rules
12. Default and Termination: Events of default, remedies, and termination procedures for both lease and franchise aspects
13. Post-Termination Obligations: Requirements upon termination including premises restoration and de-identification
14. Assignment and Transfer: Conditions for transfer of either lease or franchise rights
15. Notices: Process for formal communications between parties
16. Governing Law: Specification of Irish law as governing law and jurisdiction
1. Environmental Matters: Required when premises involve specific environmental concerns or regulations
2. Planning Permission: Required when specific planning permissions are needed for franchise operations
3. Alterations and Improvements: Detailed section needed when significant modifications to premises are anticipated
4. Training and Support: Detailed training requirements when complex operational procedures are involved
5. Security Deposit: Required when additional financial security is needed
6. Guarantees: Required when personal or corporate guarantees are part of the arrangement
7. Multi-Unit Development: Required when premises is part of a larger development or shopping center
8. Exclusive Territory: Required when territorial exclusivity is granted to the franchisee
1. Schedule 1 - Property Description: Detailed description of premises including plans and measurements
2. Schedule 2 - Rent and Payment Terms: Detailed breakdown of all financial obligations including calculation methods
3. Schedule 3 - Franchise System Standards: Comprehensive operations manual reference and required standards
4. Schedule 4 - Initial Fitout Requirements: Specifications for premises preparation and brand standard compliance
5. Schedule 5 - Permitted Use and Trading Hours: Detailed specifications of business operations and timing
6. Schedule 6 - Insurance Requirements: Detailed insurance specifications and minimum coverage requirements
7. Schedule 7 - Transfer Requirements: Detailed procedures and requirements for assignment or transfer
8. Schedule 8 - Brand Standards Manual: Reference to or incorporation of franchise brand standards
9. Appendix A - Plans and Drawings: Technical drawings of premises and approved signage locations
10. Appendix B - Initial Inventory Requirements: Required starting inventory and equipment specifications
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