Termination Of Franchise Agreement Template for Austria

The Termination of Franchise Agreement is a crucial document used when ending a franchise relationship in Austria, whether by mutual agreement or unilateral termination. It's designed to comply with Austrian legal requirements, including the Commercial Code (UGB) and Civil Code (ABGB), while addressing EU regulations that impact franchise relationships. This document becomes necessary when parties decide to end their franchise arrangement and need to clearly define the termination process, settle accounts, protect intellectual property, and establish post-termination obligations. It typically includes comprehensive provisions for de-identification, property return, confidentiality, and non-compete arrangements, all structured to provide maximum legal certainty under Austrian law. The agreement is particularly important given that Austria lacks specific franchise legislation, making it essential to carefully address all aspects of the termination within the framework of general commercial and civil law principles.

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

2. Background: Recitals explaining the existing franchise agreement, reason for termination, and context

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

4. Termination Date and Effect: Clear statement of when the franchise agreement terminates and immediate effects

5. Final Accounts Settlement: Provisions for settlement of all financial matters including outstanding fees, royalties, and payments

6. Return of Property: Requirements for returning franchisor's physical and intellectual property, including signage, manuals, and materials

7. De-Identification: Process and timeline for removing all franchise branding and identification

8. Confidentiality Obligations: Ongoing obligations regarding confidential information and trade secrets

9. Post-Termination Restrictions: Non-compete and non-solicitation provisions in compliance with Austrian law

10. Data Protection and Transfer: Handling of customer data and compliance with GDPR requirements

11. Mutual Release: Release of claims between parties, subject to specified exceptions

12. Surviving Provisions: Identification of provisions that continue after termination

13. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes