Definitions

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  • As used in this subchapter:
    • (1) “Person” means a sole proprietor, partnership, corporation, or any other form of business organization.

    • (2) “Franchise” means a contract or agreement, either expressed or implied, whether oral or written, between two or more persons, excluding credit or financing arrangements, relationships between manufacturers, agreements of a bona fide and express interim or trial nature requiring a relatively small new investment by the franchise (as hereinafter described), and warranty, cooperative advertising, training, and other programs provided by one person to another person which other person receives his franchise from a third party—

      • (a) wherein a commercial relationship of definite duration or continuing indefinite duration is involved;

      • (b) wherein one person, hereinafter called the “franchisee”, is granted the right to offer, sell, and distribute goods or services to the extent that they are manufactured, processed, distributed, or (in the case of services) organized and directed by the other person, hereinafter called the “franchisor”;

      • (c) wherein the franchisee as an independent business constitutes a component of franchisor's distribution system;

      • (d) wherein the operation of franchisee's business franchise is substantially associated with a franchisor's trademark, service mark, trade name, advertising or other commercial symbol designating the franchisor; and

      • (e) wherein the operation of franchisee's business is substantially reliant on franchisor for the continued supply of goods or services.

    • (3) “Goods” means any article or thing without limitation, or any part of such article or thing, including any article or thing used or consumed by a franchisee in rendering a service established, organized, directed, or approved by a franchisor.


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