Franchising in Canada has become a popular business model, providing entrepreneurs with the opportunity to own their own businesses while benefiting from the expertise and support of an established brand. The advantages of franchise models in Canada are well documented with over 1,300 franchise systems operating in the country, accounting for over $100 billion in sales annually.
However, often the more intricate aspects of the process are overlooked when first deciding how to franchise your business. Before starting a franchise it’s important to understand the role of franchise agreements and legal obligations for franchise development in Canada. Franchise experts offering franchise consulting services, such as FMS Franchise, are the safest bet for providing all the required knowledge to ensure franchise agreements meet all necessary requirements.
Franchising involves a legal and commercial relationship between a franchisor (the owner of a business concept) and a franchisee (the owner of an individual business). The franchisor provides the franchisee with the right to use its trademark, products, and services, and in exchange, the franchisee pays a fee and follows the franchisor's system and procedures.
Franchising in Canada is regulated provincially. If a company wants to grant a franchise in any of the following six provinces (Alberta, British Columbia, Manitoba, New Brunswick, Ontario, and Prince Edward Island), it must provide the prospective franchisee with a Franchise Disclosure Document (FDD) for at least 14 days before signing the Franchise Agreement (FA). This document must include all relevant information, including financial statements and any other material facts.
A Franchise Agreement is a legal contract between a franchisor and a franchisee that sets out the terms and conditions of the franchise relationship. The Franchise Agreement will typically include provisions related to the use of the franchisor's trademarks, the franchise fee, the royalty rate, contributions to the advertising fund, local advertising obligations of the franchisee, and the termination of the franchise relationship.
The Franchise Agreement is essential for protecting the intellectual property rights of the business and its branding. The Franchise Agreement allows the franchisor to control how the brand name is used, enforce performance standards, and limit potentially damaging uses of the brand. While franchising can provide a route to market, it's important to note that the franchisor cannot guarantee a financially viable franchise but rather is obligated to provide its business systems and support to enable success.
Franchisees have legal obligations under the franchise agreement, including the obligation to follow the franchisor's system and procedures, maintain the quality standards set by the franchisor, and pay ongoing fees. Franchisees must also adhere to the franchise marketing and advertising requirements and use the franchisor's approved suppliers and products.
A franchise development company or franchise consulting firm can provide valuable assistance to entrepreneurs who are interested in franchising their businesses. Legal experts in the form of franchising consultants can be involved early in the process to ensure you receive advice that is backed by expert knowledge. Franchise consultants can provide guidance on how to franchise a business, including advice on the legal and financial aspects of franchising.
As the leading franchise consulting company in Canada, FMS Franchise is prepared to accelerate your business growth with full services. Our team will give you legal guidance to ensure that your business meets all necessary requirements to get started on the right track to meet any provincial or Federal requirements. Reach out to our team today to take your business to the next level!
FMS is a team of expert franchise consulting professionals based in Canada that provides solutions for franchise development, franchise consultation, and expansion of businesses globally.