Franchise Broker Agreement Template for Belgium

The Franchise Broker Agreement is essential for businesses seeking to expand their franchise operations through professional intermediaries in Belgium. This document is typically used when a franchisor wishes to engage a specialized broker to facilitate franchise network expansion. The agreement covers crucial elements required under Belgian law, including pre-contractual information obligations, service scope, territory definitions, and compensation structures. It addresses specific requirements of Book X of the Belgian Code of Economic Law regarding commercial partnerships and incorporates necessary compliance measures for EU regulations. The document is particularly important for maintaining clear professional boundaries, establishing performance metrics, and ensuring transparent compensation mechanisms in franchise brokerage relationships. A well-structured Franchise Broker Agreement also helps manage risk and establish clear expectations for all parties while ensuring compliance with Belgian and EU legal frameworks.

1. Parties: Identification of the franchise broker and the client (franchisor) with full legal details

2. Background: Context of the agreement, including the broker's expertise and the client's intention to expand through franchising

3. Definitions: Key terms used throughout the agreement, including 'Franchise Package', 'Qualified Prospects', 'Territory', and 'Success Fee'

4. Appointment and Scope: Terms of the broker's appointment, exclusivity status, and detailed scope of services

5. Broker's Services: Detailed description of services including prospect identification, screening, and facilitation of franchise agreements

6. Territory: Geographic area where the broker is authorized to operate

7. Duties of the Broker: Specific obligations including marketing, reporting, and compliance with laws

8. Client's Obligations: Responsibilities of the client including providing information, materials, and support

9. Fees and Payment Terms: Compensation structure, including retainer fees, success fees, and payment schedules

10. Confidentiality: Protection of confidential information and trade secrets

11. Intellectual Property: Usage rights of trademarks, logos, and marketing materials

12. Data Protection: GDPR compliance and data handling procedures

13. Term and Termination: Duration of agreement and termination conditions

14. Post-Termination: Obligations and rights after agreement ends

15. Liability and Indemnification: Limitation of liability and indemnification provisions

16. General Provisions: Standard clauses including notices, amendments, and governing law