Franchise Agreement
(Fast Food Restaurant)

Summary

This template franchise agreement grants the franchisee the right to use the licensor’s restaurant system and proprietary marks to operate a franchised fast food restaurant. It has been liberally adapted from an agreement previously filed by McDonald’s Corp. and does not necessarily reflect the template in current use. This template includes practical guidance, drafting notes, and alternate clauses. Franchise agreements are a type of trademark license (thus, the parties are referred to as licensor and licensee throughout the agreement) and are subject to federal and state franchise laws. See Trademark Licenses: Licensing Fundamentals — Trademark License Agreements vs. Franchise Agreements. For an overview of franchising law, see Gilson on Trademarks § 6.05.