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Franchise Agreement
"I need a franchise agreement for a commercial business with a 5-year term, including a 3% royalty fee on gross sales, mandatory training sessions every quarter, and a 60-day termination notice period."
What is a Franchise Agreement?
A Franchise Agreement forms the legal backbone of franchise relationships in Saudi Arabia, letting business owners (franchisors) grant others (franchisees) the right to use their brand name, business system, and trade secrets. This contract aligns with the Kingdom's Commercial Franchising Law, which requires detailed documentation of operational standards, fees, and territory rights.
Under Saudi regulations, these agreements must specify training requirements, quality control measures, and intellectual property protections. They typically run for 5-10 years and outline both parties' obligations, including royalty payments, marketing contributions, and compliance with Shariah principles. Local franchise laws mandate Arabic versions of these agreements for legal enforcement.
When should you use a Franchise Agreement?
Use a Franchise Agreement when expanding your business through franchising in Saudi Arabia, particularly before allowing others to operate under your brand name and business model. This contract becomes essential once you've developed a successful business system and want to grow while maintaining control over your brand's reputation and operations.
The timing is critical: have this agreement in place before any franchise negotiations begin. Saudi law requires franchise registration with the Ministry of Commerce, making proper documentation mandatory. Companies entering the Saudi market need this agreement to protect intellectual property, establish payment structures, and ensure Shariah compliance across all franchise locations.
What are the different types of Franchise Agreement?
- Master Franchise Contract: Grants rights to develop an entire territory or region, allowing the master franchisee to sub-franchise to others
- Franchisor Franchisee Agreement: Standard single-unit agreement for operating one franchise location
- Franchise Purchase Agreement: Used when buying an existing franchise from a current franchisee
- Franchise Transfer Agreement: Facilitates the transfer of franchise rights between existing and new franchisees
- Franchise Contract Agreement: Comprehensive version covering multiple units or special operational arrangements
Who should typically use a Franchise Agreement?
- Franchisors: Saudi or international business owners who grant rights to their brand, systems, and intellectual property while maintaining control over standards and operations
- Franchisees: Local entrepreneurs or companies who invest in and operate the franchised business under the franchisor's guidelines
- Legal Counsel: Saudi-licensed attorneys who draft and review agreements to ensure Shariah compliance and protection of both parties' interests
- Ministry of Commerce: Government authority that registers and oversees franchise agreements in the Kingdom
- Commercial Banks: Financial institutions that often review Franchise Agreements when providing funding to franchisees
How do you write a Franchise Agreement?
- Business Details: Compile complete information about your brand, operating systems, and intellectual property that will be franchised
- Territory Mapping: Define exact geographical boundaries and exclusivity rights for the franchise operation in Saudi Arabia
- Financial Terms: Calculate initial fees, ongoing royalties, and marketing contributions aligned with Saudi market conditions
- Operational Standards: Document specific quality control measures, training requirements, and compliance procedures
- Legal Requirements: Ensure Shariah compliance and prepare Arabic translations as required by Saudi law
- Documentation Platform: Use our system to generate a comprehensive agreement that includes all mandatory elements under Saudi franchise regulations
What should be included in a Franchise Agreement?
- Party Details: Full legal names, commercial registration numbers, and authorized representatives of both franchisor and franchisee
- Rights Grant: Clear description of licensed intellectual property, territorial scope, and exclusivity terms
- Financial Terms: Initial fees, royalty calculations, and payment schedules in compliance with Shariah principles
- Quality Control: Specific operational standards, inspection rights, and compliance requirements
- Term and Renewal: Duration, renewal conditions, and termination procedures
- Governing Law: Explicit reference to Saudi Commercial Franchising Law and Shariah principles
- Language Requirements: Arabic version of the agreement as mandated by Saudi regulations
What's the difference between a Franchise Agreement and a Business Acquisition Agreement?
A Franchise Agreement differs significantly from a Business Acquisition Agreement in both purpose and structure. While both involve business expansion, they serve distinct functions under Saudi commercial law.
- Ownership Structure: Franchise Agreements maintain the franchisor's ownership while granting operational rights; Business Acquisition Agreements transfer complete ownership and control
- Duration: Franchise Agreements typically span 5-10 years with renewal options; Business Acquisitions represent a one-time permanent transfer
- Ongoing Relationship: Franchising creates a continuous partnership with regular oversight and support; acquisitions end the relationship after the sale
- Brand Control: Franchisors retain strict control over branding and operations; acquired businesses can be fully rebranded or modified
- Compliance Requirements: Franchise Agreements must meet specific Saudi franchise regulations and Shariah principles; acquisitions follow general business transfer laws
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