What are the requirements for franchise disclosure documents?
In Texas, franchise disclosure documents are documents that must be made available to potential franchisees before they decide to contract with a franchisor. These documents must contain certain information as required by state law, such as the franchisee’s rights and obligations, the franchisor’s business experience, the business plan, financial performance, earnings information, and the franchisor’s background and legal history. Additionally, the documents must include a multi-page disclosure document which includes information about the franchise system, the franchise agreement, the franchisor’s background and legal history, and 16 specific items that are mandated to be included. The documents must include a description of the franchisor’s business, including the business’s current financial condition, the length of the franchise term and any renewal options, the franchisee’s obligations regarding operating the business, and the franchisor’s obligations regarding marketing, advertising, and other support services. The franchisor also must include a description of the initial franchise fee and any additional fees the franchisee may be required to pay. The document must also describe all the risks associated with owning and operating a franchise and the registrations and licenses the franchisee will need to legally own and operate the business. The disclosures should be presented in a legible format, clearly formatted, accurate, and complete. The franchisor must provide the disclosure documents to the potential franchisee at least 14 days before signing a contract. The documents must be in a form that is easily understandable and not misleading. The franchisor must also keep these documents up to date to ensure accuracy.
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