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Contrato de franquicia
La diferencia esencial entre una franquicia y una licencia esta que en la franquicia
existe una auditoría por parte del franquiciante , respecto del franquiciatario durante
el proceso de producción de bienes o la prestación de servicios. Es decir que no existe
libertad del franquicitario para desarrollar su giro social como sucede con un
licenciatario, es por eso que el franquicitario esta sujeto a obligaciones adicionales.
Franchisees
The primary difference between a franchisee and a licensee is that franchisees can
expect to have a much closer relationship with their parent company than their
licensee counterparts. First and foremost, franchisees typically retain rights to the
parent company's trademarkand logo. This is important because it is a visible
representation of the connection between franchisor and franchisee.
In many ways, franchisees are the public face of the company and so their relationship
with the franchisor will be close. For that reason, franchisors usually provide a certain
level of training and support to franchisees and their employees. Franchisees can also
expect a certain amount of territorial exclusivity as well as controls over the products
and services they offer.
Licensees
The relationship between licensees and the licensing company is looser than the
relationship between franchisors and franchisees. In most cases, the licensee does not
retain rights to use the company's trademark. Instead, the licensee is expected to
establish its own identity in the marketplace.
Similarly, licensees usually don't receive exclusive territorial rights. This means that
the licensing company is free to sell similar licenses and products to other people in
the same geographic area. Licensees also don't receive much in the way of training or
ongoing support from the licensing company.
On the upside, license opportunities are often less expensive than franchises in both
the upfront investment and ongoing fees. Once the licensee launches the operation,
the relationship with the licensing company is frequently limited to purchasing
products whereas franchisees can expect to pay royalties on a go-forward basis.