Читать книгу Buying a Franchise in Canada - Tony Wilson - Страница 19

As noted above, Ontario and Alberta have specific regulations on deposits for the acquisition of franchises. In particular, no deposit can be taken by a franchisor for an Ontario franchise, and no agreement can be signed unless disclosure has been made pursuant to the Ontario Arthur Wishart legislation and the requisite time period has passed. A deposit agreement will be deemed to be a franchise agreement under that statute. (For more information about disclosure agreements, see Part 3.)

In Alberta, fully refundable deposits may be taken prior to disclosure by the franchisor, but only in an amount not more than 20 percent of the franchisor’s initial franchise fee, and only where any deposit agreement is limited to dealing with the deposit, the location or territory, and confidentiality and non-use of the franchisor’s information and materials.

Sample 1 is an example of a deposit agreement. It contains a few interesting errors.