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The Non-Exclusive Franchise Agreement is essential for businesses expanding through franchising in India while maintaining flexibility in their distribution strategy. This document is typically used when a franchisor wishes to develop a market area without restricting their ability to appoint multiple franchisees in the same territory. It outlines the complete franchise relationship, including rights granted, operational requirements, fees, training, support, and compliance with Indian laws and regulations. The agreement incorporates provisions specific to Indian business practices and legal requirements, including compliance with the Indian Contract Act, Competition Act, and relevant intellectual property laws. It's particularly important for businesses seeking rapid expansion while maintaining control over their brand and system standards, providing necessary protections for both parties while ensuring alignment with Indian regulatory requirements.

1. Parties: Identification of the franchisor and franchisee with full legal names and addresses

2. Background: Context of the agreement, brief description of the franchise system and business

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Grant of Franchise: Scope of franchise rights granted, non-exclusive nature, and territory definitions

5. Term and Renewal: Duration of the agreement and conditions for renewal

6. Franchise Fees and Payments: Initial fees, ongoing royalties, marketing contributions, and payment terms

7. Franchisor's Obligations: Support, training, and assistance to be provided by the franchisor

8. Franchisee's Obligations: Operational requirements, standards maintenance, and compliance obligations

9. Intellectual Property Rights: Usage of trademarks, trade secrets, and proprietary information

10. Training and Support: Initial and ongoing training requirements and support services

11. Operations and Quality Standards: Required operating procedures and quality maintenance standards

12. Marketing and Advertising: Marketing obligations, advertising guidelines, and promotional requirements

13. Records and Reporting: Financial record-keeping requirements and reporting obligations

14. Inspection and Audit Rights: Franchisor's rights to inspect premises and audit books

15. Confidentiality: Protection of confidential information and trade secrets

16. Non-Competition: Restrictions during and after the franchise relationship

17. Transfer and Assignment: Conditions for transferring or selling the franchise

18. Termination: Grounds for termination and termination procedures

19. Post-Termination Obligations: Obligations and restrictions after agreement ends

20. Dispute Resolution: Process for resolving disputes including mediation and arbitration

21. Governing Law: Applicable law and jurisdiction

22. General Provisions: Standard boilerplate clauses including notices, amendments, and severability