The Termination Of Franchise Agreement By Franchisee is a critical document used when a franchisee decides to end their franchise relationship in the Philippines. It should be used when the franchisee has valid grounds for termination under Philippine law and the original franchise agreement's provisions. The document encompasses all necessary elements required by Philippine franchise regulations, including proper notice requirements, intellectual property considerations, and compliance with DTI guidelines. It outlines the process for winding down operations, handling assets and inventory, protecting confidential information, and ensuring a smooth transition. This agreement is particularly important in the Philippine context where franchise relationships are governed by specific regulatory requirements and must comply with both the Civil Code and specialized franchise regulations.
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1. Parties: Identification of the Franchisee (terminating party) and Franchisor
2. Background: Reference to original Franchise Agreement, its date, and brief context of the relationship
3. Definitions: Key terms used in the termination agreement, incorporating relevant definitions from the original Franchise Agreement
4. Notice of Termination: Formal declaration of termination, citing relevant provisions from original agreement
5. Effective Date of Termination: Specification of when the termination takes effect
6. Basis for Termination: Statement of grounds for termination by Franchisee
7. Cease of Operations: Requirements for ceasing franchise operations and use of franchise system
8. Return of Property: Provisions for return of franchisor's intellectual property, manuals, and materials
9. Final Accounts: Settlement of outstanding financial obligations and accounts
10. De-identification: Requirements for removing franchise branding and identifiers
11. Confidentiality: Ongoing obligations regarding confidential information
12. Release and Waiver: Mutual release of claims subject to compliance with termination obligations
13. Surviving Obligations: Specification of which obligations survive termination
14. Governing Law: Confirmation of Philippine law as governing law
1. Transfer of Employees: Include when franchise operation has employees that need to be addressed
2. Assignment of Leases: Include when premises are leased under franchisor's head lease
3. Inventory Disposition: Include when there is remaining inventory to be addressed
4. Customer Database: Include when handling of customer data needs to be addressed
5. Non-Compete Provisions: Include when enforcing or modifying non-compete restrictions
6. Training Refunds: Include when addressing refunds of training fees
7. Equipment Disposition: Include when specific equipment needs to be returned or purchased
1. Schedule 1 - Original Franchise Agreement: Copy of the original Franchise Agreement being terminated
2. Schedule 2 - Inventory List: Detailed list of inventory to be returned or purchased by either party
3. Schedule 3 - Intellectual Property: List of intellectual property to be returned or ceased using
4. Schedule 4 - Outstanding Payments: Statement of all outstanding financial obligations
5. Schedule 5 - De-identification Requirements: Specific requirements for removing franchise branding
6. Schedule 6 - Handover Checklist: Checklist of all items and tasks to be completed for termination
7. Schedule 7 - Release Deed: Formal deed of release between parties
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