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1) Introduction To Franchising Manual FRANCHISE SAMPLE HERE
2) Franchise Location and Design Manual sample held from public
3) Occupational Health and Safety Franchisee Manual sample held from public
4) Customer Relations Franchisee Manual sample held from public
5) Operational Procedures Manual sample held from public
6) Personnel and Staff Management Franchisee Manual FRANCHISE SAMPLE HERE
7) Reporting and Payment Manual sample held from public
8) Stock and Supplies Manual sample held from public
9) Advertising and Marketing Manual sample held from public
10)Accounting and Administration Franchisee Manual sample held from public

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Sample Franchise Agreement:

Content Cut For Sample Purpose Only:

Sample Franchise Agreement

Documents Available From Franchise Documents http://www.franchiseup.blogspot.com/

DATED 2007

BETWEEN:
XXXXXX PTY LTD
(“the Company”)
- and -

SAMPLE NAME
(“the Franchisee”)

– SAMPLE BUSINESS NAME

FRANCHISE AGREEMENT

THIS FRANCHISE AGREEMENT is made the day of 2010

BETWEEN: (xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.(the Company)

AND: The Party described in Item 1 of the First Schedule to this Agreement (the Franchisee)

AND: The Party described in Item 12 of the First Schedule (the Guarantor)

BACKGROUND:

A. The Company is lawfully entitled under license from YOUR COMPANY OR TRADEMARK HOLDER COMPANY of YOUR COMPANY ADDRESS (the Licensor) to commercialise a business system including, and concerning YOU INDUSTRY FOR EXAMPLE “ ABC PIZZA RESTAURANT” (the System).

B. The System is a franchise system under the Franchising Code of Conduct (the Code).

C. Distinguishing characteristics of the System include:
 the registered business name “ABC BUSINESS”;
 certain logos and trade marks for which registration has and is being sought under the Trade Marks Act 1995 (Commonwealth);
 Coaching of franchisees;
 Operation Manuals;
 distinctive branding and identity bearing the “ABC ” logo;
 Confidential Information and intellectual property.

D. The Franchisee wishes to enter into an agreement with the Company to commercialise the System as a sub-licensee and the Company has agreed to grant the rights on the terms of this Agreement.

E.Where the Franchisee is a corporation, the Company has only agreed to grant the right at the request of the Guarantor who has agreed to guarantee to the Company the performance of all the obligations of the Franchisee under this Agreement.

THE PARTIES AGREE as follows:

1. DEFINITIONS1

In this Agreement the following definitions shall apply:

Agreement means this Franchise Agreement.
Abandons means no longer operating, to give up, not reporting, etc.
Brand Awareness Cooperative Fund means amount specified in Item 8 of the First Schedule.
Business means the business to be conducted by the Franchisee utilising the System in the Customer Contracts Premises.
Business Day means a day on which Banks are open for trading in YOUR COUNTRY.
Business Name means the name set out in Item 2 of the First Schedule which is the only name under which the Franchisee shall conduct the Business.
Coaching means training, under which the Franchisee shall conduct business.
Code means the Franchising Code of Conduct described in the background and any amendments or variations to it from time to time.
Commencement Date means the date specified in Item 3 of the First Schedule.
Confidential Information means but not limited to the Operations manual(s), trade secrets, information, methods, ideas, concepts, prices, forms, techniques, data base, copyright materials and all records relating to the System.
Consumer Price Index means the index (All Groups) published from time to time by the YOUR COUNTRYn Bureau of Census and Statistics or if such publication is discontinued, such other index reflecting fluctuations in the cost of living in Adelaide as may be substituted for it.
Customer means a person or entity with whom the Franchisee provides Services.
Customer Contracts Premises means the premises of the customers described in the Third Schedule that the franchise provides the services, and in the event of a re-definition of the Franchisee’s Customer Contracts Premises by the Franchisor under this Agreement means the Customer Contracts Premises so re-defined
Disclosure Document means a document containing certain confidential company information set out in the Code required to be prepared and delivered by the Company or the Franchisee.
Discontinue means to terminate – cease the operations of the business.
Field Consultant means any person nominated by the Company from time to time to visit the Franchisee and facilitate the commercialisation of the System.
Fortnight means the period of 14 days commencing as the Sundays designated by the Company and ending the following Saturday week.
Franchise means the rights granted by this Agreement.
Franchisor means the party described at the beginning of this Agreement and herein referred to as the Company.
Franchisee means the party named in Item 1 of the First Schedule and its legal representatives, successors and permitted assigns.
Franchise Fee means the initial fee payable by a Franchisee for the grant and other matters as specified in Item 6 of the First Schedule.
Franchise Service Fee means the amount specified in Item 7 of the First Schedule.
Franchise Package means the items and services detailed in the Fourth Schedule provided by the Company to the Franchisee as part of the Franchise Fee.
Gross Sales Revenue includes all receipts by the Franchisee from sales of any goods, products or services in the Business (whether from sales by way of cash or credit and irrespective of the collection of monies due) including sales tax EXCLUDING any sums in respect of taxes payable upon the sale of goods or services and fees payable for approvals or licences from governmental or semi-governmental regulatory bodies,
Intellectual Property includes all licensed copyrights, designs, trade marks, patents, processes and corporate names, computer software licensed by the Company and the goodwill of any licensed business name, secret processes or Confidential Information licensed by the Company including the Marks and the System.
Interest Rate means the rate specified in Item 9 of the First Schedule.
Licensor means the Licensor described in Background Recital A and any trustee in addition to or in substitution for them.
System Improvement Fee means amount specified in Item 11 of the First Schedule.
Maintenance Service Agreements means agreements (whether in writing or otherwise) for the provision of services utilising the System entered into between the Franchisor and or Franchisee and a Customer. All cleaning contracts shall remain with the franchisor or its nominees.
Marks means the overall image of the system, including but not limiting to all trade marks, logos, colour schemes, trade names and business names associated with the System and the Image specified in this Agreement and or laid out in the Second Schedule.
Office (“the Image”) means a specific style and image created by the Licensor to identify the System and licensed by the Company and includes but not limited to names, marks, designs for signage, uniforms, shops, vehicles, identification badges and stationery, etc.
Month means a calendar month.
Operations Manuals means the procedural advice manuals lent to the Franchisee by the Company as may be amended from time to time.
Product means all cleaning solutions and associated aids used in the cleaning, service and or repair of electronic equipment or to perform the Maintenance Service Agreement at a customers premises.
Renewal Term means the right or rights to renew the Franchise for the period or periods set out in Item 5 of the First Schedule.
Service means these services forming part of the System from time to time.
Term means the relevant period set out in Item 4 of the First Schedule.

2. INTERPRETATION

2.1 Headings are for convenience and reference only and shall not affect the construction and interpretation of this Agreement. The Background recitals are incorporated with and form part of this Agreement.
2.2 Words importing the singular include the plural and vice versa.
2.3 Any gender includes the other gender.
2.4 Any reference to a person includes a corporation or a body politic and a person includes the legal personal representatives, successors and assigns of that person.
2.5 Any term defined in the Code shall unless defined in a different manner in this Agreement have the same meaning as set out in the Code.

3. GRANT OF FRANCHISE

3.1 Grant
The Company hereby grants to the Franchisee:
(a) subject to the provisions of Clause 3 the limited non exclusive right to advertise strictly in accordance with this entire agreement the Business in the State of purchase of the Business and to use the Business Name;
(b) the limited non exclusive right to use the System and Marks during the Term and on the terms and conditions of this Agreement.
(c) the limited, non exclusive right to provide Services outside the Customer Contracts Premises strictly in accordance with this entire agreement and the provisions of Clause 3; and
(d) The grant of rights under this Agreement is subject to:
(i) the Franchisee executing this Agreement;
(ii) the Franchisee paying the Franchise Fee(s);
(iii) the Guarantor executing this Agreement (if relevant);
(iv) the Franchisee providing cover notes or certificates of insurance concerning any requirement for insurance set out in this Agreement or the Operations Manual; and
(v)the Franchisee providing all statements and other acknowledgments required by the Code.
(vi)the Franchisee providing full contact details, all statements and other acknowledgments required by the Company from time to time.
(vii)The Franchisee being is strict accordance with the terms and obligations created under this Agreement.
3.2No Sub-Franchise
The Franchisee acknowledges that it has no right to sub-franchise the rights conferred by this Agreement.
3.3 Cooling Off
(a) The Franchisee may, within seven (7) clear days of the earlier of:
(i) signing this Agreement;
(ii) signing any agreement to enter into this Agreement (in this Clause both called the Agreement);
(iii) paying any money under this Agreement;
may discontinue the Agreement.
(b) If the Franchisee elects to discontinue the Agreement pursuant to sub-clause 3.3(a), the Franchisee will immediately return to the Company all documents relating to the System provided by the Company and any item and other matters capable of return making up the Franchise Package.
(c) The Company will, within fourteen (14) days of the Franchisee discontinuing the Agreement, repay to the Franchisee any monies paid by it to the Company less the amount of ten (10) per centum of such monies together with such further sum as shall equate the cost of any item or service comprised in the Franchise Package that may not be capable of return to the Company, and less any reasonable expenses incurred in relation to the Business and or Agreement including but not limiting to legal fees and setup fees and charges.
(d) The cooling off rights set out in this clause will not apply to any renewals, extensions or any assignment or sale of the Franchise.

3.4 Central Business District

(a) The Franchisee acknowledges that the Company may reserve to itself the right to secure and or provide Services to the Customers within the Central Business District of any capital city in YOUR COUNTRY.
(b) in the event the Company exercises its rights under the preceding sub-clause, the Company may in its absolute discretion, provide Services within the central business district personally or may distribute that work to the franchisees. The Company grants to its franchisees the limited, non exclusive right to undertake work in the Central Business District for Customers referred by the Company.
(c) any distribution of the work within the Central Business District to franchisees by the Company shall be on a fair and equitable basis having regard to the then availability and location of the respective franchisees;
(d) at the conclusion or any other time during the Maintenance Service Agreement within the Central Business District the Company may, in its absolute discretion, reallocate the work to be provided pursuant to the Maintenance Service Agreement to another franchisee of the Company or permit the franchisee to provide services pursuant to the Maintenance Service Agreement for a further period, on the same terms and conditions as the first period, as determined by the Company.

3.5 Work Outside Of Customer Contracts Premises

The Franchisee may, provide services for an initial period of time and such further periods as the Company may from time to time approve in writing, provide Services outside the Customer Contracts Premises but the Franchisee must not advertise to an existing Customer of the Company or of another Franchisee or provide service within the Central Business District or within the Customer Contracts Premises of any other franchisee of the Company except strictly in accordance with the provisions of this agreement or provisions provided in the confidential operations manuals.

4. REDEFINITION OF CUSTOMER CONTRACTS PREMISES

4.1 Redefinition of Customer Contracts Premises
The Company may redefine the Customer Contracts Premises by reduction or expansion if:
(a) the Franchisee does not properly exploit and commercialise the System in the Customer Contracts Premises;
(b) the Franchisee is unable to meet, within a reasonable time, the demands of Customers or potential customers in the Customer Contracts Premises provided that the Company has provided direction on the methodology required to meet those demands, and the Franchisee has been given an opportunity to undertake such further Coaching as the Company may recommend; or
(c) in the reasonable opinion of the Company a redefinition of the Customer Contracts Premises is in the best interests of the System.
4.2 Notice
Before effecting a redefinition of the Customer Contracts Premises the Company shall give the Franchisee not less than twenty eight (28) days written notice setting out particulars of the proposed change.
4.3 Representations
The Franchisee may within seven (7) days of receipt of the notice referred to in sub-clause 4.2 make representations in writing to the Company regarding the redefinition of the Customer Contracts Premises.
4.4 Representations Considered
The Company shall upon receipt of any representation of the Franchisee consider the representations and shall use its best endeavours to accommodate the wishes of the Franchisee.
4.5 Gross Sales Revenue
No alteration to Customer Contracts Premises under this clause shall be effected that will at that time in the reasonable opinion of the Company, be likely to cause the Gross Sales Revenue of the Franchisee in such redefined Customer Contracts Premises to be, on average less than the Gross Sales Revenue determined by averaging the weekly amount thereof over the preceding three months.

5. TERM

5.1 Length
The Term of the Franchise is set out in Item 4 of the First Schedule.
5.2 Commencement
The Term shall commence on the Commencement Date.

6. RENEWAL TERM

6.1 Three Further Rights of Renewal
Subject to the provisions of this clause, the Franchisee shall have the option to renew the Franchise for the periods set out in Item 5 of the First Schedule, if at the time of exercise of each option the Franchisee:
(a) has been, throughout the Term or relevant Renewal Term, in substantial compliance with this Agreement;
(b) enters into the Company’s then current franchise agreement, that may be different to this Agreement;
(c) causes the Guarantor, or a person approved by the Company in substitution for the Guarantor, to enter into the then current franchise agreement in the capacity of a guarantor;
(d) pays the Company’s full costs of any renewal including but not limited to, license fees and legal fees incurred in the preparation of all necessary documents and stamp duty on such documents;
(e) provides all statements and other acknowledgments required by the Code.

6.2 Time for Renewal
The Franchisee may exercise each option by written notice to the Company not more than six (6) months and not less than three (3) months prior to the end of the relevant period.

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23.4 Ownership of Intellectual Property
(a) Owned by the Company
The Franchisee acknowledges that the Licensor is the exclusive owner of the Intellectual Property.
(b) No Rights Created in the Franchisee
The use of any or all of the Intellectual Property shall not create in the Franchisee or in any person or entity other than the Licensor or the Company any right, title or interest in or to any of it except as expressly provided in this Agreement.
(c) Not to Assert Conflicting Interests
The Franchisee shall not directly or indirectly assert any right, title or interest in or to any of the Marks or any other part of the Intellectual Property.
(d) Conditions on Use of Marks
The Franchisee shall in using the Marks:
(i) in the case of such Marks as are registered, indicate that such Marks are registered and that the Franchisee is an authorised user of the Marks;
(ii) supply the Company with samples of all proposed uses of the Marks and obtain the Company’s prior written approval of such use; and
(iii) not at any time (whether during the Term or any Renewal Term or thereafter) directly or indirectly use or cause to be used any other service mark, trade mark, business name or any other mark or thing or any other means of designation or commercial identification which is likely to be confused with any one or more of the Marks.
(e) Infringements

If the Franchisee learns of any actual or threatened infringement or piracy of the Intellectual Property or if any infringement or piracy claim is made against the Franchisee by a party other than the Licensor or the Company, the Franchisee shall immediately notify the Company in writing of the infringement, piracy or claim. The Company shall in its sole discretion determine what action if any to take with respect to the foregoing and shall bear the expenses of any such action (except to the extent, if any, to which such dispute or costs arise from any act, neglect or default on the part of the Franchisee).
(f) Parties to Litigation
The Franchisee agrees to be a named party and to give its full co-operation in such action if so requested by the Company. If the Franchisee is named as a party in any legal proceedings brought by a party other than the Company or the Licensor for infringement of their rights in the Intellectual Property based upon the Franchisee’s use of the Intellectual Property, any such proceedings shall be defended in the name of the Franchisee by and at the expense of the Company (except to the extent, if any, to which such dispute or costs arise from any act, neglect or default on the part of the Franchisee).
(g) Not to Detract from Marks
The Franchisee must not either during or after the Term or any Renewal Term do or permit to be done anything which may detract from the Company or Licensors goodwill and reputation attaching to the Intellectual Property or which does or is likely to deceive or cause confusion.
(h) Other Marks
The Franchisee must not use or allow to be used or displayed in connection with the Business any Mark, name, colour scheme, design or other things other than the Image and the Business Name;
(i) Other Purpose
The Franchisee must not use the Intellectual Property for any purpose other than the operation of the Business and or the system.

23.5 Infringement of Intellectual Property

The Franchisee must not do anything or aid or assist any other person to do anything which would infringe upon, harm or contest the Licensor’s Intellectual Property as licensed by the Company.

23.6 Change of Marks

If it becomes advisable on reasonable grounds at any time for the Franchisee to modify or discontinue use of any Marks, and/or use of one or more additional or substitute trade or service marks, the Franchisee agrees to comply with such directions at its expense and within a reasonable time after notice by the Company.

24. ASSIGNMENT BY COMPANY

The Company may assign its rights and obligations under this Agreement and upon assignment the Company shall not, except for any anticipated breach, be liable under this Agreement provided that the assignee has agreed to be bound by the Company’s obligations under this Agreement.

25. ASSIGNMENT BY FRANCHISEE

25.1 Rights Personal

The Franchisee acknowledges the rights and duties created by this Agreement are personal to the Franchisee and the Company has granted the Franchise in reliance upon the individual or collective character, skill, aptitude, attitude, business ability and financial capacity of the Franchisee.
25.2 Assignment Right
The Franchisee shall not without the consent of the Company:
(a) propose or purport to effect any sale, transfer, mortgage, charge, pledge, assignment, sub-franchise, declaration of trust or any other legal or equitable disposition of the Franchise or the Business;
(b) if the Franchisee is a corporation, suffer any change in or appointment of additional directors of the Franchisee;
(c) if the Franchisee is a corporation, resolve to or permit the issue or allotment of any shares in the Franchisee or approve the registration of the transfer of any shares in the Franchisee; or
(d) if the Franchisee is a trustee of a trust, permit the transfer of any units or beneficial interest in the trust.
All of the foregoing events are referred to in this clause as an “assignment” and any assignment whether by operation of law or act of the Franchisee or otherwise howsoever without the prior written approval of the Company shall be void and shall constitute a breach of this Agreement.
25.3 Consent Not to be Unreasonably Withheld
The Company shall not unreasonably withhold its approval to an assignment if:
(a) the Franchisee is in full compliance with this Agreement;
(b) the proposed assignee is, in the reasonable opinion of the Company, of good moral character and has sufficient business experience and financial resources to own and operate the Business;
(c) the Company has not exercised its first right of refusal; and
(d) if the following conditions are satisfied:
(i) all obligations of the Franchisee in connection with this Agreement and any Service Maintenance Agreement are assumed by the assignee in writing to the satisfaction of the Company and the assignee enters into the Company’s then current version of this Agreement. All costs of the preparation associated with the assignment shall be borne by the franchisee and the assignee.
(ii) the Franchisee shall have paid or have made reasonable provisions to pay all amounts owed to the Company which are then due and unpaid;
(iii) the assignee satisfactorily completes the Coaching program required by the Company at the cost of the assignee;
(iv) the assignee (and if being a corporation its directors and shareholders, if being a partnership the partner and if being a trustee all beneficiaries who are of adult age) shall, at the Company’s option, have executed and agreed to be bound by a guarantee and indemnity and a non-competition covenant in the form required by the Company;
(v) the Franchisee shall have paid to the Company a sum equivalent to fifteen per centum (15%) of the assignment consideration to defray the expenses and time incurred by the Company in connection with the assignment; and
(vi) The Franchisee has prepared and served on the proposed assignee a Disclosure Document.
(e) The Company will be deemed to have approved an assignment at the expiration of forty two (42) days after the date upon which the Franchisee submits to the Company a request for the assignment of the Franchise unless the Company withholds consent to the sale of the Franchise in writing specifying the reasons for withholding the consent.
25.4 No Waiver
The Company’s consent to assignment shall not constitute a waiver of any claims it may have against the Franchisee.
25.5 Right of First Refusal
(a) Option of Company to Purchase
If the Franchisee or any of its beneficial owners desires to sell, assign or transfer any part of his or their interest in this Agreement or the Business or in any trust of which the Franchisee is a trustee then the Franchisee shall notify the Company in writing of:
(i) all the terms and conditions of such proposed sale, assignment or transfer;
(ii) the name of the proposed purchaser, assignee or transferee; and
(iii)the names of any beneficial owners of that proposed purchaser, together with financial statements and business resumes including photographs, from all such named parties.
(iv)all Customers belonging to or that have been services by the franchisee during the Term of this agreement; and to utilise the appropriate forms in association with the proposed sale or assignment, approved by the company from time to time.
(b) Time for Exercise
Upon receipt of such notice the Company may within twenty one (21) days agree to purchase the Business or relevant interest upon the same terms and conditions as are notified to it. If the Company fails to exercise such right then the Company is presumed to have waived this right of first refusal. The Franchisee may then dispose of the interest to the named purchaser, under the terms and conditions set forth in the notice; but subject to compliance, where relevant, with the provisions of this clause of this Agreement.
(c) Terms of Sale
If the Company exercises its right of first refusal under then the Franchisee grants to the Company the absolute right to purchase the interest described in the notice on the same terms and conditions contained in the notice less any commission that would normally be payable to a business agent as an incidence of such sale. The Company may at its sole discretion, purchase the interest described in the notice in the same terms and conditions contained in the notice or for cash equal to the fair market value of such consideration.
25.6 Death and Disability
If the Franchisee, being a natural person, dies or suffers a permanent disability (which shall be deemed to have occurred if due to mental or physical infirmity the Franchisee is unable to actively participate in the Business for a total of thirty (30) days at any time throughout any consecutive three hundred and sixty five (365) day period of the Term or Renewal Term) then the executor, administrator or personal representative of the Franchisee, or the Franchisee shall transfer its interest under the Franchise to such third party as may be approved by the Company which transfer shall be at a value determined by an independent accountant nominated by the Company.
25.7 Illness of Franchisee
(a) If the Franchisee becomes unable to conduct the Business through accident, ill health or any other reason it shall forthwith notify the Company of the inability to conduct the Business. The Company shall, at its option, arrange for another franchisee to provide Services to Customers of the Franchisee during the period of inability or shall provide its own employees or agents to provide such Services.
(b) In the event that another franchisee of the Company or agents or employees of the Company provide Services to Customers of the Franchisee, the other franchisee or Company, as the case may be, shall be entitled to receive full payment from the Customer for the provision of such Services.
1.The Company shall use its best endeavours to ensure that any franchisee of the Company which provides Services to Customers of the Franchisee during the period of inability provides such Services in a proper workmanlike manner.

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30.8 Right Of Entry
permit the Company and its authorised agents the right to have access to the premises within which the fixtures, plant and equipment of the Business are then located so as to enable the Company to both inspect and, if so required, receive possession of such plant and equipment.
30.9 No Entitlement
you will not be entitled to receive any refund or rebate of the whole or any part of any money you have paid to us pursuant to this Agreement.
30.10 Continuing Rights and Obligations
the expiry or discontinuation of this Agreement will not relieve the Franchisee of its obligations under this Agreement to pay all amounts it may owe to the Company at the date of expiry or discontinuation or to any of the suppliers, on account of the advertising fee and the management fee payable to us, payment for supplies, or any other payment due to us or due to anyone including suppliers in relation to the Business. Furthermore the expiry or discontinuation of this Agreement will not affect the power of attorney you have granted pursuant to Clause 31 and 47.

31. APPOINTMENT OF ATTORNEYS

On expiry or discontinuation of this Agreement if The Franchisee fails, refuses or neglects to sign any
instrument necessary to give effect to Clause 30 at our request you irrevocably appoint The Franchisor and or The Company or its employees or Directors and Solicitors jointly and each of them severally as your attorneys and attorney with the right to do any and all acts and things and to execute and deliver all documents necessary to give effect to Clause 27 and Clause 30.

32. ACKNOWLEDGMENT

The Franchisee acknowledges that it has received (where relevant) and had a reasonable opportunity to understand:

32.1 the Disclosure Document;

32.2 a copy of the Code; and

32.3 has completed the required statements required by the Code.

32.4 that in executing this Agreement The Franchisee has not relied on any statements, representations or warranty made by us or our agents or employees except as set out in this Agreement, the Schedule or any Annexure, and furthermore the Franchisee acknowledges that any cash flows, profit and or budget projections are estimates / projections only and have been prepared to use as a guide to assist you and your professionals in preparing your own estimates and projections.

33. COMPLIANCE WITH CODE

Where there is conflict between terms of the Agreement and the Code, then the terms of the Code shall, unless the Code provides that such terms are discretionary, prevail.

34. DISPUTE RESOLUTION

34.1 In the event that a dispute arises between the parties to this Agreement then the parties may undertake the following steps, but subject to Clause 35
(a) The party raising the dispute (the Complainant) shall raise the matter with the other party (the Respondent) setting out in writing:
(i) the nature of the dispute; and
(ii) what outcome the Complainant wants; and
(iii) what action the Complainant thinks will settle the dispute
(b) the parties shall then, and within a period of 21 days, try to agree how to resolve the dispute;
(c) in the event that the parties cannot agree under the preceding sub-clause and within the said period of 21 days either party may refer the matter to a mediator agreed upon between them;
(d) if the parties cannot agree on a mediator under the preceding sub-clause either party may ask the mediation adviser appointed under the Code to appoint a mediator;
(e) any mediator agreed upon or appointed by the mediation adviser shall:
(i) decide the time and place for mediation;
(ii) tell the mediation adviser, within 28 days of appointment, that mediation has started;
(f) the parties must attend the mediation and try and resolve the dispute.
34.2 The parties shall equally share the costs of mediation under this clause unless they agree otherwise the parties must pay for their own costs in attending mediation.
34.3 This clause does not affect the rights of a party to this Agreement to take legal proceedings under the Agreement provided however, that neither party shall commence legal proceedings, except injunctive procedures, once the mediation process has begun unless:
(a) the mediation process has been completed without achieving an agreement between the parties; or
(b) both parties agree to abandon the mediation process.

35. DISPUTE RESOLUTION PROCEDURE MAY NOT APPLY

Clause 34 will not apply;
35.1 where we seek injunctive relief from an appropriate Court where failure to obtain such relief would cause irreparable damage to the Company and or the System; or
35.2 in relation to any of the events set out in Clauses 23, 27 and 28 and if there is no legitimate disputes as to the meaning and interpretation of those Clauses or the factors given rise to such events.

36. WAIVER

Any waiver or concession granted by the Company or any failure, refusal or neglect of the Company to execute any right under this Agreement or to insist upon full compliance by the Franchisee with its obligations under this Agreement shall not constitute a waiver of any provision of this Agreement. Any waiver granted by the Company shall be without prejudice to any other rights it may have and may be revoked at any time, and for any reason, by notice to the Franchisee.

37. INTEREST

All amounts payable under this Agreement or any other agreement between the parties shall bear interest at the Interest Rate after the date upon which payment becomes due until payment (including interest) is effected in full.

38. ENTIRE AGREEMENT

This Agreement and the provision of the Operations Manuals contain the entire understanding and agreement of the parties concerning the matters contained in this Agreement.

39. IMPOSSIBILITY OF PERFORMANCE

Neither party shall be liable to the other or deemed to be in default under this Agreement for any failure or delay to observe or perform any of the terms and conditions applicable to it under this Agreement (other than the payment of money) caused or arising out of any act beyond the control of that party and where any failure or delay is caused by such event all times provided for in this Agreement shall be extended for a period commensurate with the period of delay.

40. NO PARTNERSHIP, JOINT VENTURE, AGENCY

The franchisee acknowledges and agree that we have not by this Agreement created a partnership or joint venture and you are not to be deemed to be an agent, partner, joint venture partner, sub-contractor, servant or employee or employee of or with us in any matter arising under this Agreement or as a result of any transaction connected with or which is incidental to provisions of this Agreement.

41. SEVERABILITY

The parties to this Agreement shall do all such things as are necessary to comply with the Trade Practices Act 1974 (as amended), the Code or any other legislation whether State or Commonwealth. If any provision in this Agreement is in breach of the Trade Practices Act 1974 the Code or any other legislation whether State or Commonwealth and by reason of such breach is void, voidable, unenforceable or invalid then and in such case that provision shall be severable from this Agreement and this Agreement shall be read as though such provision did not form part of the same.

42. NOTICES

42.1Notices under this Agreement may be delivered by the Company by means of hand delivery, mail, e-mail, facsimile or by Mobile Net Text Message (SMS Short Message Service) to the addresses of the parties first hereinbefore appearing;
Notices under this Agreement must be delivered by the franchisee to the Company by means of registered mail only to the Company’s registered address first hereinbefore appearing
42.2 Notice will be deemed to be given:
(a) in the case of hand delivery, upon written acknowledgment of the party or by an employee, agent or representative of the receiving party;
(b) in the case of posting three (3) days after dispatch;
1.in the case of a facsimile, e-mail and Mobile Net Text Message (SMS) upon completion of transmission.

SECTIONS

PURPOSELY

REMOVED FROM SAMPLE

Documents Available From Franchise Documents http://www.franchiseup.blogspot.com/

45. SPECIAL CONDITIONS

This Agreement is subject to the Special Conditions set out in the Fifth Schedule. In the event of any conflict with another clause of this Agreement the Special Conditions shall prevail.
46. GST
46.1 In this clause:
GST Act means the A New Tax System (Goods and Services Tax) Act 1999;
GST has the meaning given to that term in s.195‑1 of the GST Act;
Supply means any supply by the Company to the Franchisee under or in connection with this Agreement and includes the supply by the Company to the Franchisee of the right to operate the Business in accordance with the terms of this Agreement.
46.2 The fees payable under this Agreement are calculated or expressed exclusive of GST.
46.3The Franchisee must pay to the Company or as directed by the Company an additional amount on account of GST on any Supply. The additional amount payable is equal to the amount payable for the Supply multiplied by the prevailing GST rate.
46.4 The Franchisee must pay to the Company the additional amount that the
Franchisee is required to pay under this clause:
(a) at the same time; and
(b) in the same manner
as the Franchisee is required to the Fees to which the additional amount relates.

47. POWER OF ATTORNEY

The Franchisee hereby appoints the Company and each of the directors and secretaries of the Company from time to time severally to be its true and lawful attorneys for it and in its name to execute all such documents and do all such things as may be necessary to give full force and effect to the provisions of Clause 30 of this Agreement provided always that such appointment shall have no legal effect until and unless the Company exercises its option contained herein.

IN WITNESS whereof the parties have executed this Agreement on the date first hereinbefore
written.

EXECUTED BY )
ABC COMPANY )
INTERNATIONAL )
)
By the authority of the Directors )

……………………………………………………. Director

Full Name _______________________________________

EXECUTED BY )
The said Franchisee(s) )
In the presence of )

………………………………………………………………….
Witness

Full Name _______________________________________

EXECUTED BY )
XXXXXXXXXXX )
XXXXXXXXXXX )
A.C.N. xxx xxx xxx )
By the authority of the Directors )

……………………………………………………. Director

Full Name _______________________________________

SIGNED by the said Guarantors )
In the presence of: ) …………………………………………………..

………………………………………………………………….
Witness

Full Name _______________________________________

………………………………………………………………….
Witness

Full Name _______________________________________

FIRST SCHEDULE

ITEM 1 THE FRANCHISEE

Name:
Address:
Occupation:

ITEM 2 BUSINESS NAME

ABC - SAMPLE NAME

ITEM 3 COMMENCEMENT DATE

XXTH XXXXXX 2010

ITEM 4 TERM

Five (2) years from the Commencement Date

ITEM 5 RENEWAL TERM

Three (4) separate periods of two (2) years each consecutive on the other with the first to commence on the date of expiration of the Term.

ITEM 6 FRANCHISE FEE

$ 3 53,004.00 - comprising:

(i) System Improvement Fee $ 5,004.00
(iii) Franchise Start up Investment $ 348,000.00

ITEM 7 FRANCHISE SERVICE FEE

The base amount of $ 1800.00 per month (subject to review) or an amount equal to 10 % of the Gross Sales Revenue, whichever is the greater.

The Company may, in its absolute discretion vary the base amount at the end of each financial year during the Term and Renewal Term by adjusting it in accordance with the Consumer Price Index.

ITEM 8 BRAND AWARENESS COOPERATIVE FUND

The base amount of $ 950 per month (subject to review) or an amount equal to 5 % of the Gross Sales Revenue, whichever is the greater.
The Company may, in its absolute discretion vary the base amount at the end of each financial year during the Term and Renewal Term by adjusting it in accordance with the Consumer Price Index.

ITEM 9 INTEREST RATE

Ten per centum (10%) per annum

ITEM 10 INSURANCES

Public & Product Liability $10,000,000.00 (for any one occurrence).
Cash on hand (24 hour and not less than $500.00).
Care Custody & Control ($50,000.00)
Other insurance as the Company nominates in the Operations Manual from time to time.

ITEM 12 SYSTEM IMPROVEMENT FEE

The base amount of $ 917 per month (subject to review), paid annually for the first year and an amount of $ 417 per month paid monthly each year thereafter or an amount equal to 3 % of the Gross Sales Revenue, whichever is the greater.
The Company may, in its absolute discretion vary the base amount at the end of each financial year during the Term and Renewal Term by adjusting it in accordance with the Consumer Price Index.

ITEM 12 GUARANTOR’(S)

If Applicable

ITEM 13 INVENTORY

If Applicable, Laptop Computer, Mobile Phone (Please refer to Head Office if this is Required)

ITEM 14 MOTOR VEHICLE

Type - Must be approved first by the Company
Model - Must be approved first by the Company
Colour – Black

ITEM 15 NON COMPLIANCE FEE

Non Compliance Fee of $ 900.00 Paid Within 7 Days

ITEM 16 LIQUIDATED DAMAGES

A Liquidated Damages amount of $ 50,000

ITEM 17 BASE REVENUE

Base Revenue of $

SECOND SCHEDULE

“THE MARKS”

ABC LOGO

THIRD SCHEDULE

“THE CUSTOMER SHOP PREMISES”

1 – XXXX

2 – XXXX

FOURTH SCHEDULE

Franchise Package

FIFTH SCHEDULE

“SPECIAL CONDITIONS”

1.The franchisee agrees to the marketing plan of the business and has been explained that the business is reliant upon effort form all parties, Including input and effort from the franchisee. This may include but not limiting to additional marketing, advertising and promotions efforts and contribution of the franchisee(s). The franchisee agrees to travel outside the area and if required for a period of time into the CBD of the Region. The franchisee has been explained that it may take some time to build up to his desired level of income. All parties have agreed to do there best to accommodate this.

2.Motor Vehicle to be leased or purchased and signage applied before commencement.

Sample Franchise
Operations Manuals
1 of 10 Manuals (Introduction)

ABC Company

Franchise Operations Manual

1 of 10 Operations Manuals

Introduction to Franchising

Table of Contents

Outlets 3
Managing Director 5
Responsibilities 5
OFFICE - HEAD OFFICE 6
Responsibilities 6
Our Responsibilities 9
Your Role and Responsibilities 10
Specific Responsibilities 11
Group loyalty 11
Termination of Franchise 14
How To Use your 16
Operations Manual 16
Purpose 16
Secrecy And Confidentiality 17
Secrecy 17
Confidentiality 17
Return 18
Revisions 18
Suggestions 18
Loss Of Manual 19

Receipt, Terms & Copyright

I/We acknowledge receipt of this Confidential Operations Manual

Number: _____________________________________

Franchisee: _____________________________________

Signature: _____________________________________

Date: ________/_______/_________

This manual is provided to enable Franchisee’s to conduct their business in a manner prescribed by the Franchisor at all times.

It is the responsibility of the Franchisee to preserve confidentiality of information contained herein.
No part of this publication may be reproduced or transmitted in any form or by means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system without permission in writing from ABC

The Franchisor reserves the right to vary, amend, modify and make additions to the specifications, standards and operating procedures herein contained.

This Operations Manual remains the property of ABC and is protected under International Copyright Laws. It shall be surrendered forthwith upon request by the Franchisor

A replacement cost of £ 5000 will be charged for lost manuals.

ALL RIGHTS RESERVED.

Welcome To ABC

We welcome you to ABC, a unique customer orientated business.

We believe our franchise system will provide you with an easy to operate and profitable business. By working together as a team we can expand your business by ensuring a high quality of customer service.

Our role and responsibility is to help you every step of the way and we encourage you to call for advice at any time or to share any ideas, which may help improve the franchise system.

It is however, important to realise that this franchise is your business, we have provided the tools and know-how, but you must provide the input. Franchising offers a head start to your business, but the responsibility for its ongoing success is yours.

We wish you every success with your
ABC franchise.

Location Of ABC
Outlets
It is anticipated that franchises will be established and located throughout selected cities and provincial cities of DEF Country.

ABC has plans to expand into overseas markets. This will ensure that the group has strength in numbers.

The Franchise System and it’s History

The word FRANCHISE comes from an old French word meaning privilege or freedom. In current vernacular the term franchise refers to a right or privilege granted by a sovereign, a government, an organisation, business or individual. The history of franchising as a concept dates far back into time when the church or king would grant certain commercial privileges or franchises to individuals.
The ancient system of franchising can be found throughout history: William the Conqueror, mostly remembered by his “Doomsday Book”, used the system successfully in his farming policies, the royalties being men and materials required to maintain his army. In early days of history franchising was extensively used for the Government’s control of the rum industry, to offer one example.
In more recent times franchising evolved into an exclusive right to sell a certain company's products or services.
In the United States, shortly after the Civil War, Singer Sewing Machine Company franchised to peddlers who were using horse-drawn wagons to penetrate lucrative isolated markets.
Business format franchising which is franchising as we know it today came on the scene in the 1950s with the franchising of motels and fast food outlets. Business format franchising is essentially a natural extension of the previous forms of franchising. Modem franchising not only grants to the franchises the right to use the Franchisor’s name and sell it's products but it also transfers to the franchises all the operating systems, training programs, advertising programs and essentially all relevant information which will help the franchisee succeed.
Today the modern business world honours the system pouring out articles, statistics, success stories, and news of incredible franchising inroads in all areas of commerce. Even banks are doing it! The Financial Times referred to it as;
“ Franchising - A boom that just won’t quit”.
In DEF Country, as elsewhere, franchising is an established part of commerce.
Briefly, the benefits to a franchise are:-

1.use of established business names, marks and proven business systems
2.reduced set-up expenses
3.lower risk of failure
4.promotional and administration power and support
5.bulk purchasing power
6.better borrowing opportunities
7.ongoing training and advice
8.access to technology
9.access to suppliers
10.superior market power
In short, franchising brings together all the skills and the resources of an experienced company to unite them with the driving ambition and dedication of an individual investor.

ABC Head Office Personnel

Managing Director

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Responsibilities
1.Franchise Liaison
2.Marketing and advertising
3.Development of New Franchisee Territory

OFFICE - HEAD OFFICE
PERSONNEL

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Responsibilities

1.Group Purchasing
2.Franchisee Training
3.Franchisee reporting & payment
4.Corporate Marketing
5.Development of New Franchisee Territory
6.Administration and Accounting
7. Corporate Advertising

It is envisaged that as the group grows, Master Franchisees and/or Field Representatives will be recruited to assist with the effective maintenance of the business and specialised consulting firms will be utilised where necessary.

Organisation Chart

FRANCHISOR

ABC Company

MASTER FRANCHISEES
(if applicable)

FRANCHISEES

CUSTOMERS
Business & Domestic

ABC Philosophy For Conducting Business

Our primary aim over the next ten years will be to establish ABC as the leader .
It means being “The Best”, not necessarily “The Biggest”.
Being the Best will be measured by all those with a stake in the company: -

By our customers - in terms of value, range and quality of the service we provide.
By our franchisees - in terms of profit and on-going support.
By our employees (direct and indirect) - in terms of remuneration, conditions of work, training and employment opportunities.
By our suppliers - in terms of fair and mutually profitable dealings and their willingness to develop their business with ours.
Our product philosophy is the maintenance of a healthy market share at individual locations.
Our people philosophy – staff, customers and suppliers - maintenance of honesty and integrity in all our dealings at a consistently high standard of business conduct and ethics.

Summary

To provide the best possible service and to provide our
service to more people in a better way

ABC Role And Responsibilities

Our Responsibilities

We welcome every opportunity to assist you in achieving maximum success and growth. As a partnership working together for the common good, no request is an imposition and no clarification of the most minor point of any procedure is considered to be a problem.

If you are worried, or if it is an urgent matter, then advice and help is as near as your telephone. We are untiring in our efforts to add to your initial training so that expertise and professionalism are within your grasp.

Our role is to support the Franchise System and keep you abreast with the finer points of franchising.

Our responsibilities are to provide you with ongoing support in many ways, some of which are as follows: -

Initial training.

Training for your employees.
Ongoing help and advice.
Advice on methods and procedures for the day to day operation, technical, sales techniques and proper customer relations.
Help in formulating and implementing local advertising and promotional programs.
Assistance and guidance in bookkeeping and general administration for the proper operation of the business.
Determining product ranges and pricing.
Support.
Group purchase of insurance, printing and uniforms etc.
Regular franchisee meetings.
Bulletin and news sheets.

A PERMANENT OPEN LINE – RING US IF YOU ARE IN TROUBLE OR FACED WITH AN EMERGENCY, AND ALSO WHEN YOU HAVE GOOD NEWS.

Your Role and Responsibilities

In addition to the terms we agreed upon, which are recorded in our Franchise Agreement, it is important that you understand the roles and responsibilities of being a ABC franchisee.

It is vital to realise at the beginning that you are indeed an independent business person and as with other businesses, you can expect to succeed through your own efforts, acumen and time put into your business.

You should be prepared to accept this responsibility and the subsequent credit. Minor failures are inevitable and for these you should also accept the responsibility of instant remedial action.

As you read through our Manual you will realise that you do indeed have independence to run your ABC business and that your never-ending professional support is an integral part of our relationship.

We are relying on you to uphold our reputation for excellent customer service, efficiency and high standards of business ethics.

Specific Responsibilities

1.Maintain the Corporate Image of ABC in every detail on the Vehicle, Signs, Sales Invoices, Business Stationery and all Advertising must all bear ABC logo.
2.Maintain a full complement of staff necessary to protect the interest of your Business and of the Group.
3.Communicate relevant information weekly, and annually in accordance with this manual and with our agreement.
4.Pay Franchise Fees and all accounts on time to strengthen the Group and preserve ABC integrity in the marketplace.
5.Independently promote the Business within your Territory.
6.Monitor and strive to better the product knowledge and service provided by you and your staff.
7.Order your stock only from the suppliers recommended to you to ensure that your products comply with our image and standards.
8.Maintain your vehicle and stock in first class condition.
9.Provide ABC standard of service to your customers.
10.Inform Head Office of any problems occurring within your business.
11.Communicate freely with your Field Consultant.

Group loyalty
The long-term success of our group depends on individual loyalty and participation. Your own personal welfare is tied in with the group, therefore it is in your own interest to communicate freely and attend all meetings.

Develop a group attitude, run your business according to our Agreement and the Manual and don’t be tempted to alter our successful system. The philosophy is simple;

If I take care of the group
I am ultimately taking care of my own welfare.

Your Field Consultant

Your Field Consultant will either be your Franchisor, Master Franchisee or a person employed by your Franchisor or Master Franchisee for this important role.

From time to time your Field Consultant will visit you in your ABC territory. In the majority of cases the visit has been made to help you with the operation of your business and provide on the spot advice to any problem which you may have.

Your Field Consultant will also introduce and assist you with changes to any systems and procedures, new products, new technology, new stationery and forms, new equipment etc.

The Field Consultant will also discuss any problem areas with you to ensure that you are complying with the theme and image of ABC, its systems and procedures and the standard of service and range of products provided to your customers.

Remember that if you need help your Field Consultant is only a telephone call away.

Franchise Meetings

Franchise meetings will be held on a regular basis in order to provide information on the latest products, marketing techniques, suppliers, systems changes etc. Franchisees will be notified in advance of each meeting and it is a requirement of your franchise that you attend.

In addition to these meetings each franchisee will hold their own individual meetings with their staff to:-

disseminate information from Head Office

discuss new advertising & marketing strategies

share ideas

solve problems

advertising fund budget

The Franchise Agreement

The Franchise Agreement is a signed legal contract, which is the basis of your business. It provides the rules for a long and mutually rewarding co-operation between the Franchisor and Franchisee and establishes the obligations of both parties to maintain a continuing business relationship.

Be aware of the terms and conditions, which are included as a protection for both parties.

Failure to comply with the terms of the Agreement could lead to termination, particularly in relation to the following:-
1.Failure to pay outstanding invoices and fees.
2.Failure to actively carry on the business.
3.Selling unauthorised products.
4.Violating State or Commonwealth regulations concerning the business.
5.Disclosure of trade secrets, improper use of signs and logos or violation of the business practices set out in this manual.

Termination of Franchise

On termination of the Franchise Agreement for any reason, the following procedures are to be adhered to:-

1.Return the Operations Manual and all other printed material provided to you.
2.Return all ABC company documents and stationery.
3.Remove all notices bearing your name as a Franchisee of ABC
4.Cancel from any register your name as a Franchisee of ABC.
5.Settle all outstanding accounts for products, franchise fees and costs.
6.Conclude all leases for any vehicle or equipment supplied by ABC or by any of its associates or affiliates.
7.Transfer any telephone or facsimile numbers or directory entries to ABC.

Following termination, under the terms of our Franchise Agreement, you are not permitted to engage in the operation of a business in a similar industry for a period of the remainder of the term of the Franchise Agreement.

Your Operations Manual

How To Use your
Operations Manual
We have gone to some lengths to compile, step-by-step, the procedures that work well for us.

If you adhere to this manual, it will remove the anxiety usually associated with a new business.

YOU ARE STRONGLY ADVISED NOT TO MAKE ANY CHANGES IN THE PROCEDURES AS SET OUT IN THIS MANUAL AS THIS IS THE CRUX OF FRANCHISING: WHAT HAS MADE US SUCCESSFUL, WE PASS ON TO YOU.

__________________________________

Purpose
The purpose of this manual is to assist you in operating your ABC business smoothly and efficiently, after your initial training.

It is the end result of considerable experience in this type of business. Obviously it is plain commonsense to use the benefits of this experience.

We believe we have removed the guesswork and anxiety from the crucial areas of your operation; the general supply systems, along with business procedures and administration are fully documented.

Use of this manual will lead you through a set of complete and organised operational instructions to a profitable undertaking.

__________________________________

Secrecy And Confidentiality
You have acquired confidential business information through your training with us. Your knowledge is derived from disclosures made in ABC training program and from this manual. This was offered to you in good faith, following our Agreement.

__________________________________

Secrecy
This manual contains the essence of our successful business operations resulting from long experience. It contains the structure and methods for running a profitable, financially planned business. You are honour bound to keep secret all the contents of the manual and knowledge acquired through your training, both during your franchise period and following the termination of your franchise.

The information contained in this manual is not to be divulged to your employees except to the extent necessary for the successful operation of the Business.

_________________________________

Confidentiality
All information is and must remain proprietary, confidential and a trade secret of the original ABC. Do not leave it lying around for prying eyes to see. Keep it in a safe place.

No copy of this manual in full or in part is to be made or distributed without the written consent of ABC.

__________________________________

Return

In accordance with our agreement, it is incumbent upon you to return all copies of operations manuals to:

ABC Company
Address 1
Address 2
Address 3

Within one week of expiry or termination of your franchise.

This copy is on loan to you for the duration of your franchise and there is no obligation on the part of ABC for payment of a refund of the purchase price of any
manual.

___________________________________

Revisions

The Manual may be updated from time to time, following changes in Corporate policies, stationery, stock and associated products and services, advertising or beneficial feedback from franchisees on successful marketing and procedural methods.

Upon receipt of any revisions or updating be sure to enter the new pages in your Manual as soon as possible and file the replaced pages.

__________________________________

Suggestions

Franchisees are encouraged to provide suggestions to improve operational procedures and efficiency in all areas of our organisation. Research will be made into these suggestions to determine their merit, before any changes are made.

Approved changes will be advised in writing.
Keep this Manual in a safe place. Keep it on the vehicle at all times and available for inspection by an authorised representative.

__________________________________

Loss Of Manual
Keep this manual in a safe place. Report any loss immediately to Head Office. The cost to you of replacement of the manual is £ 5000.00. It is anticipated that a loss will never occur.

We are all duty bound to secure our system and realise the value of the Manual to our competitors.

Sample Franchise Operations Manual 6 of 10 (Introduction)

ABC Company

Franchise Operations Manual

6 of 10 Operations Manuals

Personnel and Staff Management

Table of Contents

Management Style 1
Your Employees & Recruitment 1
Employee Profile 2
Steps in Selecting Personnel 3
Organising Time 4
Motivating Employees 5
Staff And Training 6
Minimum Training Requirements 7
Ongoing Training 7
Employee Records 8
Application For Employment Form 8
Conditions Of Hire 9
Staff Awards 10
Application For Leave 11
Annual Leave 11
Sick Leave 11
ABC Application For Leave Form 12
Weekly Time Book 14
Time Books 14
Calculating Wage Payments 15
Wages 16
Staff Record Card 16
Termination 17
Employee Appearance & Personal Presentation 18
Smoking 19
Alcohol &/Or Drugs 19
Employee Operating Procedure 21
Introduction 21
Hours Of Employment 21
Serving The Customer 21
Greeting 22
Smile 22
Look And Listen 22
Acknowledgment - Customer Leaving 22
Suggestive Selling 23
Cleaning Vehicle 24
Casual, Part Time, Employees 24
Suggestions 24
Media 24
Cash Receipts 25
Giving Change 25

Management Style

Your Employees & Recruitment
As your business expands or during busy periods you will find it necessary to employ staff to assist you with maximising your return from your ABC franchise. It is most important that you take considerable care to select only those persons who suit not only your business but also ABC way of making the most from each sales opportunity. Remember, a second rate sales person will not only cost you sales but will also jeopardise your business goodwill in your area,

SO SELECT YOUR EMPLOYEES CAREFULLY.

Always use the following recruitment procedure: -

Generally, successful applicants for new job positions have winning personal characteristics -
Co-operative and pleasant manner.
Suitably dressed for the position.
Stability of job history.
Attitude supportive of ABC policies and goals.

New or replacement staff should be sought through the following channels:-
Newspaper advertisements.
Current application file.
Walk-in enquiries.
Staff agencies.
Commonwealth Employment Service.

Former employees may be re-employed, provided their previous work history is adequate and reasons for leaving valid. However, ALL employees should complete a probationary period.

All employees must undergo a police security clearance and be approved by head office prior to commencement of their work.

It is also a requirement that all employees sign a Confidentiality Agreement and Non-Competition Agreement. These forms are available from head office.

Employee Profile
The ABC franchise seeks a particular type of person. An established general standard makes the selection process easier.

Look for: -
Ability to work rostered hours and school holidays.
Cheerful, pleasant manner.
Good communication.
Local resident (where applicable) with settled home life.
Honest and genuinely interested.
Willingness and ability to learn ABC methods.

Steps in Selecting Personnel

1.Prepare a complete job description - work to be done, experience required.

2.Do a candidate search for names on file and advertise for the position.

3.Interviewing of applicants - arrange by appointment only.

4.Comparison of applicant’s:-
Qualifications
Past Experience
Personality
Salary Requests

5.Preliminary selection and job offer to suitable applicants.

6.Final selection and decision with arrangements to commence.

7.Notification by letter to the successful applicant (inform those unsuccessful).

NB Often those applicants who have had previous experience of marketing opposition products experience difficulty in adopting ABC methods of marketing and prefer to do it ‘their’ way - you must assure yourself that they are willing to change these preconceived marketing ideas and methods (often difficult!).

Employing staff to work in your ABC franchise can be an expensive cost to your business if you have not properly organised both your own time and that of your employees.

Organising Time

You should carefully plan the starting and finishing times of your employees. Make sure you know what duties you expect them to perform as well as yourself so that the operation of your business is carefully coordinated.

Remember that casual employees must work a minimum of three hours each day. Be aware of overtime and penalty rates. Avoid duplication of duties.

Motivating Employees

Our moods, attitudes and feelings vary according to changing circumstances. Everybody has ups and downs during the course of each day.

Let’s face it - it is not possible to be continually happy and bright all day, every day. It is just not human nature.

But the important qualities of happiness, contentment and willingness to co-operate can be generated in your employees.

The leading person to make it happen is you, the Franchisee and employer.

Remember the old saying about the whole world smiling with you. It is still true.

There is no guaranteed way to motivate staff or to build morale. There are general guidelines, which give direction:

Select staff who are high achievers

Discharge staff who are proven malcontents and nonconformists (they may lower the quality of customer relations or damage ABC reputation).

Attend to sorting out the little problems as they occur.

Give praise where praise is due - provide feedback on staff performance.

Discuss decisions concerning staff with them before making a ruling provide ongoing training to sort out misunderstandings and prevent bad habits developing.

Treat your staff as individuals not as a profit-producing robot.

Accept differences of opinion with respect to the individual’s experience.

Make the effort to keep the job interesting and challenging - provide sales goals and rewards.

Staff And Training

Certain training is provided to you as part of your Initial Franchise Fee. Make good use of this knowledge in training your own employees. Any training you receive from ABC should be passed on to your employees.

New training should occur -
1.Prior to employment - terms and conditions.
2.First day of employment - orientation briefing, location, Vehicle and layout, introduction to any other staff.
3.Review within first month - check their work attitudes, selling skills, initiative to solve problems.
All new employees should be given an orientation briefing as an introduction to ABC system:
1.to understand ABC policies, rules and procedures.
2.to understand the terms and conditions of employment.
3.to understand what is expected of them and in return, what to expect from ABC.

Minimum Training Requirements

Depending on the work role and the hours of employment, your employees should be capable of servicing your customers to similar standard as yourself to maintain sales and customer satisfaction with your business.

Getting new employees established quickly cuts down on wasted time. More importantly, it maintains a high level of customer satisfaction.

Adequate staff training is a necessary expense, make good use of the instruction you receive at Head Office meetings. Additionally, investigate external courses available for your staff if additional instruction would improve their skills.

Ongoing Training
A regular program of product sales and training is part of the formula for success.

You and your staff should always attend these training sessions, particularly when new products are introduced or methods are altered. In addition, training will be required as a result of major system or procedural changes or to generally assist with the promotion of your business

Employee Records

Application For Employment Form
(Photocopy this page and use it when employing staff)

Full Name: ___________________________________________________________________
Address: ___________________________________________________________________
Date of Birth: _____/______/_____
Telephone No:-__________________________________________________________________
Next of Kin: __________________________________________________________________
Tax file No:- __________________________________________________________________
Superannuation fund:_____________________________________________________________
Dependents: __________________________________________________________________
Have you ever had an illness or injury, which may affect your ability to perform the duties? YES/NO If yes, please give brief details;
______________________________________________________________________________

EMPLOYMENT DETAILS
Date Commenced; ______/______/_______
Occupation/Classification;_________________________________________________________
Award;________________________________________________________________________
Award Rate of Pay; $___________________
Over Award Payment; $___________________
Other Allowances; $___________________
Gross Wage/Salary; $___________________
Deductions:- ____________________________________________________________
Superannuation:- $___________________

Employee Signature; ___________________________ Date / / 19

Employer Signature; ___________________________ Date / / 19

DEF CountryN TAXATION OFFICE DECLARATION FORM
TO BE COMPLETED BY EACH EMPLOYEE.

Conditions Of Hire

It is most important that each employee is advised of the Conditions of Hire that are applicable to their employment with your ABC outlet.

Care should also be taken to ensure that each employee is advised of details of the State Award applicable to their employment.

Staff Awards

Each franchisee should obtain a copy of the State Award.

It is most important that you employ and pay your employee’s wages in accordance with the terms and conditions of the Award.

Application For Leave

Annual Leave

Each employee should complete an Application For Leave form prior to taking Annual Leave. This will allow you to prepare for the employee taking leave and rearrange the normal work roster of other employees, where necessary.

The form will also be used for the calculation of annual leave loading which will be applicable to permanent employees.

Sick Leave

Each permanent employee must complete the Application for Leave form after they return from taking time off work due to illness.

You should require the employee to provide a Medical Certificate if they have been absent from work for 2 or more days or for a lesser period if you have any doubt of the reason provided.

ABC Application For Leave Form
PAYROLL NO: ___________________________________________________
NAME: ___________________________________________________
LOCATION: ___________________________________________________
SICK LEAVE; ___________________________________________________
From / /19 to / / 19
No. of Days; _____________Days
Medical Certificate attached (YES/NO)
Nature of Illness; ______________________________________________
ANNUAL LEAVE;
From / / 19 to / / 19
No. of Days ______________________________________________
Commencing Work On / / 19
SIGNED:________________________________________DATE: / /19
APPROVED:_____________________________________DATE: //19
_______________________________________________________________________
FOR OFFICE USE ONLY
ANNUAL LEAVE PAID: $

Weekly Time Book

This book is completed by each employee to record the hours that they work each week. The book is used by you to calculate the total number of hours to be paid for each classification under the relevant award.

The employee should enter: -
1.Employee number (where applicable)
2.Name
3.Week ending date
4.Daily starting and finishing times
5.The time during each day when the employee has breaks off from their work duties.
6.Employee signature

You should calculate the total hours, which have been worked by the employee in each category for each day ie.

Ordinary Time
After 6:00 PM
Saturday AM
Saturday (after 1.00 PM)
Sunday (double time)
Other

Note: Calculate all times worked as decimal points to the nearest quarter hour.

At the end of the week total the hours for each category.
The working week operates from Monday to Friday with Payday being Friday.

Time Books

Every employee must complete a Time Book recording all hours worked by them each day.

Times books are available from your stationer.

Time books of each employee must be signed by both the employee and employer on a weekly basis, which will indicate agreement of times worked.

Advise all employees that overtime will not be paid unless authorised.

Calculating Wage Payments

The Weekly Time Book should be used to calculate the total number of hours worked in each category by the employee.

Ordinary Time
After 6.00 PM
Saturday AM
Saturday After 1.00 PM
Sunday Double Time
Each of these time categories should be multiplied by the appropriate additional time applicable to it.

eg; Saturday AM = Time 1.5

The total hours of all time categories should be added together and the total hours multiplied by the employee’s wage rate to determine the gross wages payable.

You should calculate the tax payable from your Taxation Schedule and deduct the tax from the Gross Wages to determine the Net Wages payable to the employee.

Payment should be made weekly by cash or cheque to each employee.

The time book should be used not only to calculate the total number of hours worked but also the amount which the employee is to be paid after tax.

Wages

Staff Record Card

A Staff Record Card should be maintained for each employee (including casual employees). The following is an example of the information, which should be recorded on each and every staff member;

EMPLOYEE RECORD

ABC (................)

Name: ..............................................Position:................................................

Tax File No:......................................Date Of Birth:......................................

Address:......................................................................................................................

....................................................................................................................................

Date:...........................Award:....................................................................................

Wage Rate:................................Above Award Payments:........................................

Miscellaneous:............................................................................................................

Date Left:........................................Reason:..............................................................

Re-Employable: Yes/No *Full Time/Part Time/Casual

-----------------------------------------------------------------------------------------------------
WAGES SUMMARY

Date:.................................Wage Rate:........................................................................

Absences:....................................................................................................................

Annual Leave:............................................................................................................

Extras:........................................................................................................................

Termination

It is important for all employers to be aware of Industrial Relations requirements in their state.

Remember the following;

Was sufficient warning given?
Was the employee fairly treated?
Was the employee trained thoroughly?

If each of the above questions can be answered in the affirmative then the company has been just in the termination.

A full time employee can be terminated without notice if their conduct has justified instant dismissal. Casual employees require one- (1) hours notice of termination, but must be dealt with in a just manner, as described above.

Employee Appearance & Personal Presentation

The desirable appearance of staff is what could be described as ‘clean cut’.

It is important that you remind your staff that we are a part of the service industry and that cleanliness is most important.

The following standards are regarded as essential:-

Hair should be well kept.

Nose ornaments are not acceptable

Cleanliness, particularly with regard to personal hygiene.

Your customers will appreciate the quality of your personal appearance as complimentary to the service that we offer.

Smoking

Smoking is becoming more and more anti-social and offensive to many people.

Generally it is not a pleasant experience for a non-smoker to come into close contact with a smoker. Therefore in the interests of our clients smoking during working hours should be avoided. It also must be remembered that the cigarette smoke lingers on clothing and stock.

Under no circumstances are you permitted to smoke while at a clients premises.

_________________________________________

Alcohol &/Or Drugs

Under no circumstances should Franchisees or Employees report for work under the influence of alcohol or drugs. The consumption of alcohol or non-prescribed drugs before or during work hours is strictly prohibited.

Employee Operating Procedure

Introduction

When you enter the premises of a customer, the kind of service they receive is one of their utmost considerations. At ABC we endeavour to provide traditional service to every-one of our customers. Nothing is too much trouble

An important rule to remember is to give service in such a way that the customer’s only reaction is one of appreciation. Treat your customers as you would want to treated.

__________________________________

Hours Of Employment
An employees hours of employment will vary subject to the roster which will be prepared each week based upon busier trading days, public holidays and seasonal changes.

It is important that employees confirm their hours of employment for the following week every Friday. Employees must always be paid the minimum number of prescribed hours pursuant to their wage award.

___________________________________

Serving The Customer
The most important part of all of your duties with ABC is customer service. No matter what you are doing each customer must be given priority over any other jobs.

If you are busy or you are serving another customer a quick smile will tell the customer that you know they are there and that you will attend to them as quickly as possible.

There are four basic steps for each sale: -
Smile
Greeting
Look and Listen
Suggestive Selling

Greeting
The greeting is the next step of serving your customer. Using your most pleasant voice, say;

“Hello, Can I help you”

The greeting will tell the customer that you’re ready to help with their sale or service.

_________________________________

Smile
Serving your customer begins with your SMILE;

It’s the most valuable sales tool you have. It sets the customer at ease, indicating that you care and want to help

_________________________________

Look And Listen
The third step in serving the customer is to look and listen. As the customer tells you what they want make sure you understand their requirement. Verifying the request by repeating what the customer said will prevent mistakes and will minimise bad feelings.

Make sure you maintain eye contact with each customer to assure them that you are paying careful attention.

_________________________________

Acknowledgment - Customer Leaving
When your customer is ready to leave or when you are ready to leave the customers premises after you have completed your sale/service acknowledge the customer again by smiling and say “Bye” or “See you tomorrow”, or “see you next week” or whatever you feel comfortable with.

It is most important to let the customer feel that he is acknowledged even if he/she has not used your service.

Suggestive Selling
Customers appreciate helpful hints or suggestions on how they save money and improve the quality of their printing.

This kind of help is called suggestive selling and it is one of your most important duties and it is also helping your sales.

Do not say “Is that all?” or “Anything else?” as they are the worst words in suggestive selling. They mean that the sale is closed and imply that you’re ready for the next customer. If your customer feels rushed they become irritated and nobody wants irritated customers.

Suggestive selling requires you to be yourself and have a good knowledge of your
range of services. Customers can see through a “sales pitch” and they don’t appreciate being treated like everyone else. They like to be treated as “special”.

Equally useful to gain customer loyalty - try to save your customer money. For example remind the customer of any special "deals" (such as two for the price of one etc.). The customer will certainly remember you and your business next time they want value for money. Any pleasant experience that can be linked to your business will hasten a repeat sale.

That one time they feel cheated may be the last you will see them. Its like the old adage that it takes 3 happy customers to tell 3 more but only one disgruntled customer to spread bad news to 10. So try not to be seen as being greedy.

Remember that suggestive selling helps both the customer and the business. The customer benefits from the more completed order, and the business benefits from the increased sales.

__________________________________

Cleaning Vehicle
Make sure your Vehicle is kept clean inside and outside, at all times. The appearance of your vehicle reflects you and the quality of the service that you offer. Clean the vehicle daily, if necessary to maintain your ABC presentation.

Casual, Part Time, Employees
Franchisees are encouraged to utilise a number of casual and part time employees during busy times, holiday periods, illnesses etc.

This pool of casual and part time employees should be trained in product knowledge and selling and can be of great assistance to cover for these times.

Only trained staff should be used, since untrained staff can ruin sales and lose customers.

__________________________________

Suggestions
Employees are encouraged to make practical suggestions to their Managers for the improvement of methods or systems.

Sometimes new employees, in particular, can visualise valuable savings in a procedure or operation. If the suggestion has been previously considered but rejected, the reason for this should be explained to the employee.

Nethertheless, the initiative shown by the employee in making the suggestion should be acknowledged.

___________________________________

Media
It is a company policy that no employee is to talk to the media regarding any operations or incidents involving ABC.

Cash Receipts

Giving Change

An important part of each employee’s job is cash handling. The employee must be careful to give the correct change to every customer. If a customer does not receive the correct change, he will become annoyed and you will more than likely lose a customer.

The procedure in this section must be followed closely to ensure proper cash handling.

After a customer purchases their garment or other products politely tell the customer the amount of their purchase.

After the customer gives you the money, repeat the amount of purchase. For example, “That will be $25.00 out of $50.00 Thank you”. Keep the tendered note in you hand - do not put it in your money drawer until the customer is completely happy with the transaction.

When this procedure is followed, there is no question about the amount of money the customer originally gave you eg. “Didn’t I give you a $100 note?

When you are counting change, begin with the amount of purchase (ie. $25.00) and go up until you reach the amount he gave you (ie. $50.00). While you are taking the change from the money drawer, count it silently to yourself. Begin with the smallest coin and graduate to the higher coins and notes.

After counting the change to yourself, count aloud as you place the change in the customer’s hand. This will prevent mistakes and customer dissatisfaction.

Only after you have given the change to the customer, take the money and place it in the money drawer.

After the customer has accepted the change, be sure to smile and say thank you.

Franchise Documents

Thursday, May 7, 2009