Legal analysis: Franchise refers to the business operation mode that the franchise owner allows the franchisee to use its name, trademark, proprietary technology, products and operation management experience for business activities in the form of contract. These industries need special permission to operate: renewable resources, tobacco, alcohol, dangerous goods, refined oil, coal, pawn shops, precious metals (gold), minerals and so on.
Legal basis: Measures for the Administration of Commercial Franchising
Article 3 Commercial franchising (hereinafter referred to as franchising) as mentioned in these Regulations refers to an enterprise (hereinafter referred to as franchisor) that owns business resources such as registered trademarks, corporate logos, patents and proprietary technologies, and licenses its business resources to other operators (hereinafter referred to as franchisees) in the form of contracts, and the franchisees operate under a unified business model according to the contract.
units and individuals other than enterprises may not engage in franchise activities as franchisees.
article 11 to engage in franchise activities, the franchisor and the franchisee shall conclude a franchise contract in written form.
A franchise contract shall include the following main contents:
(1) Basic information of the franchisor and franchisee;
(2) the content and duration of franchising;
(3) the type, amount and payment method of franchise expenses;
(4) the specific contents and ways of providing services such as business guidance, technical support and business training;
(5) the quality, standard requirements and guarantee measures of products or services;
(6) promotion and advertising of products or services;
(7) the protection of consumers' rights and interests and the commitment of compensation liability in franchising;
(8) Alteration, rescission and termination of the franchise contract;
(9) Liability for breach of contract;
(1) dispute resolution;
(11) other matters agreed by the franchisor and the franchisee.